Mrs Wutyee Aye v M25 Systems Ltd: 3306949/2018
JUDGMENT
[1]The respondent did not attend and failed to inform the Tribunal that it would not be attending this hearing. Accordingly, the Tribunal proceeded in its absence having regard to Rule 47, Schedule 1, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[2]The claimant was a worker providing accountancy services personally to the respondent without the authority to substitute but was not an employee.[3]There had been authorised deductions from the claimant’s wages on 2, 8 and 15 February 2018 and the respondent is ordered to pay her the sum of £460 gross.[4]The respondent, having acknowledged in an email dated 9 March 2018 that the claimant’s outstanding pay would be resolved, failed to pay her making her pursue her claim to a Tribunal hearing. Taken together with its failure to attend the hearing, its conduct in defending the claim has been unreasonable.[5]The claimant is entitled to a costs Preparation Time Order in the sum of £320 in preparing her case for a hearing and the respondent is ordered to pay her that sum in respect of her costs.[6]For the avoidance of doubt the total sum the respondent is ordered to pay the claimant is £780. Case Number: 3306949/2018