Ms J James (family member and representative) For the v Treeserv Ltd (in creditors voluntary liquidation) — 2020

The respondent, Treeserv Limited (in creditors voluntary liquidation), failed to present a response by 23 June 2020 and did not attend the hearing on 15 October 2020. Employment Judge Johnson therefore determined the matter in the respondent's absence. The claimant, Mr B James, was represented by Ms J James.

The Tribunal held that the claimant's claim for unauthorised deductions from wages succeeded. No separate monetary award was made at this hearing because the Tribunal could not quantify the claim on the material then available. The judgment records that the claimant did not attend because of issues relating to his mental health, and that documentation supporting the figures claimed in section 8.2 of the claim form was not available to the Tribunal.

The Tribunal ordered the claimant to provide, by 12 November 2020, copies of documents supporting the figures in section 8.2 of the claim form, including the letter sent by the respondent following his resignation referred to by his representative. He was also ordered to provide a signed and dated witness statement explaining how he had calculated the figures claimed and why, in relation to the 'night allowance', he believed the respondent had claimed that allowance from the government. If he could not provide evidence for any item, he was required to say so expressly.

Once that information had been provided, the Tribunal said it would consider whether remedy could be determined without a further hearing; if not, the case would be listed for a one-hour remedy hearing on a date to be advised.