HJS Generation Ltd v Commissioners for Revenue and Customs: 3305402/2023
JUDGMENT
[1]The Hearing is adjourned.[2]The respondent is to write to the tribunal and the appellant within 14 days of the date on which these orders are sent to the parties explaining why:2.1 it has not complied with the previous orders and2.2 Attended this Hearing.REASONS
[1]The appellant has issued an Appeal against a Notice of Underpayment issued under the National Minimum Wage Act. The Notice of Appeal was received on 18 April 2023 and acknowledged and sent to the respondent on 17 May 2023. At that time a hearing was listed for 5 June 2023. Case No: 3305402/2023 10.2 Judgment - rule 61 February 2018[2]That hearing came before Employment Judge Liz Ord. The respondent did not attend and was not represented. Directions were made for a full merits hearing on 20 September 2023. That hearing had to be postponed by the tribunal and was relisted to today’s date.[3]There had been no compliance by the respondent with any of the directions made by the previous tribunal. The claimant had filed late the previous evening six zip files containing copies of payslips and a copy of the respondent’s calculation schedule. A paginated bundle of all documents had not been provided.[4]The appellant had difficulties connecting to the CVP hearing but eventually was able to dial in by telephone.[5]The judge could not be satisfied that the respondent has ever received the original notice of appeal and subsequent correspondence. This hearing was therefore adjourned. It is noted that the address being used for the respondent is Bush House South, West Wing, London WC2B 4RD. The judge has consulted the Presidential Guidance on statutory appeals and notes that a different address is given of Solicitors Office & Legal Services (NMW Litigation Team), 2nd Floor, 14 Westfield Avenue, Stratford, London E20 1HZ. This summary and previous orders will be sent to both addresses. Orders have been made as set out above. The file will then be returned to this Employment Judge for further orders to be made.