Mr Jake Marrow v Tyseley Locomotive Works Limited — 2021

Mr Jake Marrow did not attend the hearing. The Tribunal was satisfied he had sufficient notice and, after attempts to contact him, proceeded in his absence under rule 47 of the Employment Tribunals Regulations 2013. The respondent was represented by a solicitor and relied on the documents in the bundle rather than oral evidence.

On the wage claim, the Tribunal rejected the claim that the respondent owed two weeks' wages for 16 to 30 April 2021, said to be £600. It found the wage slips showed payment on the 15th of each month in advance and accepted the respondent's evidence that Mr Marrow had already been paid for the relevant period but had not worked or engaged with the gross misconduct concerns during that time. The reasons also record that the respondent had paid holiday pay, including £1,350 gross on 15 October 2021, and the Tribunal preferred the respondent's evidence that the holiday entitlement due had been paid.

The Tribunal also rejected the claim that Mr Marrow had suffered financial loss because personal items said to be on the respondent's site, valued at £700, remained there. It accepted the respondent's evidence that he had not been refused access to collect them, noted the termination letter allowed attendance with permission, and found no proved loss under s.24(2) ERA 1996. No monetary award was made.