Case 2303384/2018 · Employment Tribunal
No attendance or v Mr J Brandao, Owner — 2019
- Case reference
- 2303384/2018
- Decision date
- 16 October 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyde
Parties
2 namedClaimant
No attendance or
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 17 September 2018 alleging that he was owed arrears of pay and other payments due to him. The respondent disputed the claim and filed documents in support of its position. The tribunal recorded that the claimant had worked for the respondent from 17 July to 3 September 2018 as a cleaner.
The hearing was listed for 26 September 2019. The claimant did not attend and was not represented. The tribunal heard evidence from Mr J Brandao, the respondent's owner, and accepted his evidence as consistent with the spreadsheet sent with the response. The tribunal also accepted that he had cross-checked the figures against other documents and relied on his own direct knowledge of the claimant's attendance at work.
The tribunal found that the claimant had not provided any evidence in support of his claim and had therefore not discharged the burden of proving it. It also accepted the respondent's case on the balance of probabilities, including Mr Brandao's view that the claimant had made an error by basing his claim on figures after deduction of Child Maintenance Agency contributions. The claim was therefore not well founded and was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim form alleged arrears of pay and other payments due. The tribunal treated the matter as a wages claim and dismissed it after finding the claimant had not discharged the burden of proof. | Dismissed | — | — |
Legal tests applied
2 references- balance of probabilities
- burden of proof
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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