Miss L Collaguazo Benalcazar v The London Onyx Limited t/a Dubai Lounge Heard — 2022

The case was heard by video on 3 October 2022 before Employment Judge Pritchard. The claimant did not attend. The tribunal recorded that notice of hearing had been sent to the email address shown on the ET1, and the clerk's attempt to contact the claimant by telephone was unsuccessful. The respondent attended through its director, Mr O Oyegbite, and the tribunal amended the respondent's name to The London Onyx Limited trading as Dubai Lounge.

The claimant's ET1 had advanced claims for unfair dismissal and unpaid wages. Mr Oyegbite said the respondent had no record of the claimant having worked for it, referred to payroll and clocking records provided before the hearing, and said the claimant was known to him as the girlfriend of the then manager, Mr Anthony Carew, who would visit the premises for a drink and to see Mr Carew. He said he was responsible for recruitment and engagement and that Mr Carew had no authority to engage or recruit staff.

Applying Rule 47 of the Employment Tribunals Rules of Procedure 2013, the tribunal decided to proceed in the claimant's absence and dismissed the claims. It noted that the claimant had the burden of showing a deduction of wages. It also recorded that, even on the claimant's own case, she would not have had not less than two years' continuous employment and therefore could not bring an unfair dismissal claim under sections 98 and 108(1) of the Employment Rights Act 1996. The judgment states that the claims were dismissed in their entirety.