Claimant v Nexus Resourcing Ltd — 2021

The claimant brought a claim framed under section 13 of the Employment Rights Act 1996, saying that wages had been withheld and that he should have been refunded £100 said to have been paid for an HGV licence training course. He attended the remote hearing in person, but he relied only on his ET1 and produced no documentary evidence or witness statement in support of the claim.

The tribunal found that he had not established either an entitlement to the alleged refund or the quantum of the claim. It noted that he had produced no evidence of any agreement, informal or contractual, entitling him to repayment, and that the respondents had denied both the claim and its legal basis. In those circumstances the tribunal was unable to accept his case on the merits.

The tribunal also found that the claimant had not complied with case management orders made on 24 September 2020 requiring disclosure and exchange of documentary and statement evidence. It rejected his explanation that internet problems prevented compliance, noting that the notice of hearing and orders had been sent before the internet issue he described, and that there was no evidence that communications from the tribunal or the respondent had bounced back. The claim was therefore struck out for deliberate non-compliance and, in any event, dismissed as not well founded.