Mr C Nicholls v Obsidian Logistics Support Ltd — 2022

This was a claim for unauthorised deduction of wages brought by Mr C Nicholls against Obsidian Logistics Support Ltd. The respondent told the tribunal on 7 March 2022 that the outstanding amount owed to the claimant had been paid. On the same date, the claimant said he was owed more than had been paid, and the respondent replied setting out how the outstanding amount had been calculated and stating that evidence would be needed if the claimant believed more was due.

The tribunal wrote to the claimant on 25 April 2022 asking him to confirm by 12 noon on 26 April 2022 that the outstanding amount had been paid and the claim was settled. No reply was received. On 27 April 2022, the respondent sent proof of payment to the tribunal and asked for confirmation that the case was closed, but there was still no response from the claimant.

Neither party attended the hearing on 3 May 2022. Tribunal staff attempted to contact both parties by telephone after 11:00am and by email at 11:20am, but there was no reply. The Employment Judge proceeded with the hearing at 12:50pm. The tribunal noted that there had been no contact from the claimant since 7 March 2022, that the notice of hearing sent on 11 March 2022 was likely received, and that no explanation had been provided for the claimant's non-attendance.

The tribunal concluded that the claimant had decided not to pursue the claim and dismissed it under rule 47 of the Employment Tribunal Rules of Procedure 2013. No merits finding or monetary award was made.