Ms N Morrison v Q Squared Solutions Ltd: 4112364/2021
JUDGMENT
[1]The respondent’s application to extend time for the filing of the ET3 is dismissed.[2]The claimant’s claim is dismissed.REASONS
[1]The claimant failed to attend the hearing, despite having had notification of it by email and a call from the CVP clerk on the day of the hearing, to which the claimant did not respond.[2]The claimant had also failed to respond to requests from the Tribunal in December 2021 and January 2022 to provide more information and evidence of her claim.[3]The respondent had failed to file a response to the claim within the time limit, but made an application to the Tribunal on 19 January 2022 to either be allowed to file the ET3 out of time, or to be allowed to provide documentation to the Tribunal for the assistance of the Tribunal in dealing with the claim.[4]Mr Turner appeared on CVP on behalf of the respondent.[5]The respondent’s application to extend time gave no reason for the delay in providing an ET3 other than human error. The application to extend was therefore dismissed.[6]I considered under rule 21(2) that documents provided by the respondent could be considered as available material and that the case could be determined.[7]I considered under rule 21(3) that the respondent’s representative should be permitted to attend the CVP hearing. He confirmed that the claimant had been sent the documentation with the application.[8]The documentation provided by the respondent included a copy of an Annual Leave policy, indicating the period for holidays, the entitlement to holidays and the pro rata for holidays upon termination of employment.[9]I also was provided with a Time Off Balance spreadsheet showing holiday entitlement and taken.[10]Finally, I was shown a letter to the claimant dates 7 September 2021 which indicated that any excess holiday would be deducted from final pay, with an accompanying payslip in September which showed an amount deducted.[11]I therefore conclude, in the absence of any evidence to show that these sums were incorrect, that the claimant’s claim should be dismissed.