Mr Wayne Lawton v Mr Jody Kennedy T/a Construction Safety UK Ltd: 3305492/2018
JUDGMENT
[1]The respondent having failed to present its response, judgment is entered for the claimant in respect of his unauthorised deduction from wages claim and the claim that the respondent failed to provide initial employment particulars.[2]The case is listed for a remedy hearing on Thursday 7 March 2019 at 10am with a time estimate of 3 hours before anyREASONS
[1]In this case the claimant presented his claim form on 3 April 2018 claiming unauthorised deductions from wages; outstanding expenses; unspecified costs and charges, and compensation for inconvenience and pressure. Further, that the respondent had failed to provide his initial employment particulars.[2]The respondent has not presented a response in defence to the claims. Case Number: 3305492/2018[3]The case was listed for a hearing on 13 July 2018, but the claimant was unable to attend as his car he was driving had broken down. The respondent did not attend and the hearing was postponed to be relisted today.[4]The claimant attended without any documents in support of his case. I pointed out to him that I would need evidence corroborating the various sums he is seeking by way of compensation. For example, the £350 expenses he said he incurred. He stated that Mr Jody Kennedy, the owner of the business, did not provide him with any documents but I was not persuaded that that explanation applies to the expenses allegedly incurred by him in the course of his work while travelling to various sites using his credit card to pay for fuel. Although not satisfied with the state of the evidence, I informed the claimant that I was prepared to enter judgment in default of a response being presented but to list the case for a remedy hearing. The claimant was content for that course of action to be adopted. He was mindful of the fact that he needed to get as much documentary evidence in support of his claims by the date of the remedy hearing.[5]He said that he worked for the respondent as a Client Services Director but was not provided with initial written employment particulars.[1]By a letter dated 2 October 2019 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 13 November 2019. it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.