Mr F J Zaoui v F.Fretwell-Downing Group Limited t/a The Maynard (in liquidation) — 2020

Mr F J Zaoui’s claim against F.Fretwell-Downing Group Limited t/a The Maynard (in liquidation) was listed for 3 August 2020. The claimant did not attend. Mr P Downing, a former director, attended to confirm the respondent’s identity and explained that the company was insolvent and in creditor’s voluntary liquidation. The tribunal noted that the claimant had previously sought adjournments, including because he said he had to attend a meeting in France and later that he would not be back in the UK until 25 March 2020.

The judge recorded that the claim concerned allegedly deducted wages of £120 and possibly holiday pay, but the claimant had not provided documentary proof of whether he was an employee or worker, or any proper explanation for why he said he was entitled to a further £120. The tribunal also noted that on 27 July 2020 the claimant forwarded the only documentary material he had provided, and that it did not explain why he could not attend the 3 August hearing because of a new job.

The tribunal found that the claimant was not actively pursuing the proceedings and, insofar as he was conducting them, was doing so unreasonably. It took into account the repeated adjournment requests, the failure to attend the hearing, and the lack of supporting documentation. The claim was therefore struck out. There were no merits findings and no award.