Case 1401957/2021 · Employment Tribunal
NO ATTENDANCE FOR THE v Mr J Da Rocha-Afodu — 2021
- Case reference
- 1401957/2021
- Decision date
- 23 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cadney Date
Parties
2 namedClaimant
NO ATTENDANCE FOR THE
Respondent
Key findings
Tribunal's reasoningMr L Gordon brought a claim for unlawful deduction from wages, asserting that he was an employee or worker of Apex Resources Limited and that he had performed ten hours' work for a client on 29 April 2021 for which he was owed £115. Apex Resources Limited disputed the claim, saying that the claimant was an independent contractor so the tribunal lacked jurisdiction, and alternatively that he had not in fact carried out the work.
The tribunal did not determine the jurisdictional issue. It said that, regardless of that point, the burden of proof lay on the claimant to prove the primary facts about carrying out the work. Because the claimant did not attend the hearing, he had not proved those facts, and the claim was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claimant said he had worked ten hours on 29 April 2021 for a client and was owed £115. The respondent disputed jurisdiction, saying he was an independent contractor, and also disputed that he carried out the work. The tribunal dismissed the claim because the claimant did not attend and had not proved the primary facts. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.