Mr M Gardiner v Amalgamated Lifts Limited — 2020

The claim before Employment Judge Fowell was for unlawful deduction from wages. The hearing took place on 5 February 2020 at Croydon, and neither Mr M Gardiner nor Amalgamated Lifts Limited attended. The tribunal noted that notice of hearing had been sent to both parties on 23 September 2019, with the respondent having returned a completed response form on 21 October 2019.

The tribunal recorded that the respondent’s named contact, Mr Brand, had overlooked the notice of hearing and had not understood that further action was required. It also found that the claimant had not given his address or phone number on the claim form, instead mistakenly providing the respondent’s contact details, although his address was later obtained from the ACAS early conciliation certificate so that notice could be served.

The notice of hearing had directed the claimant to provide a written statement of the compensation sought and any supporting evidence or documentation, but none was received. After considering rule 47 of the Employment Tribunal Rules of Procedure and making the enquiries that were practicable, the tribunal dismissed the claim. The tribunal said that, despite both parties failing to attend, it remained for the claimant to pursue the claim and he had failed to do so.