Mr A Arnold v 39 Desserts — 2021

Mr A Arnold brought claims against 39 Desserts for unfair dismissal and arrears of pay. The unfair dismissal claim had already been struck out in a separate judgment and reasons dated 18 March 2021, on the basis that the tribunal had no jurisdiction to hear it, the claimant had less than two years' service, and he had not made written representations when directed.

The remaining claim concerned alleged unpaid wages during the COVID-19 furlough period. The claimant said he was owed £2,157.60, described as three payments of £719.20, and he said he had received no communication that he was being removed from furlough. The respondent said he had ceased employment on 6 July 2020, had refused to return to work, and had not provided evidence of vulnerability.

At the final hearing on 14 May 2021 the claimant did not attend and no evidence or supporting documents had been filed on his behalf. The tribunal made enquiries by telephone to Miss Bunce and found, on balance, that the hearing emails and joining instructions had been sent to the correct email address and received. Applying Employment Tribunal Rules 2013 rule 47 and the overriding objective, the tribunal refused to postpone the hearing and dismissed the remaining claim. No award was made.