Employment Judge PostleIn person for claimantDate 17 April 2018
JUDGMENT
[1]The claimant’s claim for unpaid wages stands dismissed following the claimant’s total failure to comply with the tribunal’s Unless Order made on 14 February 2018.
REASONS
[1]The claimant had made a substantial claim for unpaid wages/unpaid overtime. The preliminary hearing on 30 November 2017 the claimant was ordered (paragraph two): “The claimant shall set out in a schedule the hours of work, dates and time he asserts he carried out overtime and has been unpaid for.” That was to be complied with by 21 December 2017.[2]As a result of a total non-compliance the respondent wrote in requesting the tribunal make an Unless Order. An Unless Order was duly made and the claimant failed to comply with the order in otherwise providing a detailed schedule setting out the hours of work, dates and times he asserted he carried out overtime that he was unpaid for. The claimant Case Number: 3327844/2017 merely submitted to the tribunal on 27 February 2018 and email which claimed: “…… £6000 for the unpaid overtime/lunch breaks during my time working at SJ Geomatics.” No further information was provided as a result of the tribunal’s order.[3]In those circumstances it is for the claimant to set out his claim, he was requested to do so in detail and he failed to do so following an Unless Order, therefore that part of his claim stands dismissed. The claim for automatic unfair dismissal asserting statutory rights remains to be determined.[1]The claimant has not established that he was dismissed for an automatically unfair reason within the Employment Rights Act 1996 and his claim for unfair dismissal fails and is dismissed.[2]The claimant acted unreasonably in the bringing and conducting of these proceedings and the claim had no reasonable prospects of success such as to give rise to the Employment Tribunal’s discretion to award costs.[3]Having had regard to the claimant’s ability to pay the claimant is ordered to pay £1,100 towards the respondent’s preparation time costs.