Miss S Ziemkiewicz v Doma Catering Limited — 2022

Miss S Ziemkiewicz brought a claim against Doma Catering Limited for unlawful deductions from wages, saying she had not been paid 125 hours' wages and accrued holiday pay. She also said she had not taken any holiday during her employment and had not been provided with a P45. The respondent denied any money was owing and alleged that the claimant had falsified her timesheets, and said she had left without giving notice.

The final hearing was listed for 5 August 2022, but neither party attended. The tribunal tried to contact both sides by telephone and then adjourned briefly to allow time for a response, but no communication was received. The judge recorded that the parties had notice of the hearing and that neither party had responded to earlier directions to prepare a bundle and witness statements, or to the emailed reminder sent the day before the hearing.

The tribunal considered Rule 47 of the Employment Tribunals Rules of Procedure 2013, which permits dismissal or proceeding in absence where a party does not attend, after considering any available information about the reason for absence. There was no explanation for the claimant's non-attendance, and the tribunal noted that the claim for wages and holiday pay was disputed and that the claimant had the burden of attending to pursue her case and prove entitlement. The claim was therefore dismissed under Rule 47 for non-attendance. No monetary award was made.