Mr J Ouakkaha v I & S Transport Ltd: 6001308/2026
JUDGMENT
[1]The claimant not having attended the hearing, the claim for unauthorised deduction from wages is dismissed under rule 47 of the Employment Tribunal rules of procedure.REASONS
[1]The claimant was employed by the respondent from July 2025 until November 2025. He brought a claim for unauthorised deductions from his wages. The respondent disputed that any unauthorised deductions had been made.[2]This was the final hearing of the claimant’s claim. The claimant did not attend. Nobody attended to represent him. The claimant provided no advance notice of or reason for his non-attendance. The clerk endeavoured to contact the claimant to establish the reason for his non-attendance but was unable to do so.[3]Rule 47 of the Employment Tribunal rules of procedure provides that if a party fails to attend or be represented at a hearing, the Tribunal may dismiss the claim. As it is for the claimant to prove that there was an unauthorised deduction from his wages and as he has failed to attend the final hearing to determine his claim (without reason or notification), I decided to dismiss the claim.[4]In the response form completed on its behalf, the respondent had sought to bring a counterclaim for breach of contract. As the claimant had not brought a breach of contract claim, the respondent was unable to bring that counterclaim in the Employment Tribunal (in accordance with article 4(d) of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994) and that Case Number: 6001308/2026 counterclaim was accordingly rejected as the Employment Tribunal does not have jurisdiction to consider it (in accordance with rule 24(2) of the Employment Tribunal rules of procedure).