Mr R Bartlett v Anabatic Limited — 2019

The hearing on 25 September 2019 at Cardiff was listed to consider the Claimant's complaints about unpaid holiday pay and failure to provide itemised payslips. At the time the hearing was due to begin, the Claimant sent an email confirming that he wished to withdraw his claims. The Tribunal therefore proceeded in the Claimant's absence and issued judgment dismissing the claims on withdrawal.

The Tribunal also amended the Respondent's name to Anabatic Limited after noting that the ET1 and ET3, together with payslips submitted, showed that the employing company rather than Mr Hussain personally was the correct respondent. No merits decision was made on the underlying holiday pay or payslip issues because the claims were withdrawn before the hearing proceeded.

The Respondent's consultant, Mr A Hussain, sought a preparation time order. The Tribunal found that the Claimant had acted unreasonably in the conduct of the proceedings by withdrawing only on the day of the hearing. Applying rule 76 of the Employment Tribunal Rules of Procedure, the Tribunal considered four hours of preparation time to be reasonable and made an order for £156 at the hourly rate of £39.