Miss H. Hosler v Karen Pearson t/a Managed Ink — 2024

Miss H. Hosler brought a claim against Karen Pearson t/a Managed Ink for unauthorised deductions from wages under s.13 Employment Rights Act 1996, seeking unpaid commission of around £900. The final hearing was listed for 4 October 2024 at Manchester by CVP. The claimant did not attend. When contacted by the clerk on 3 and 4 October, she said she could not face meeting anyone from the respondent, even by video link, denied that she was ill, and asked to be heard separately from the respondent.

The tribunal considered Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and the overriding objective in Rule 2. It was satisfied that enquiries had been made about the claimant's absence and decided, given the circumstances and the extensive documentary material concerning the commission calculation for the final month of employment, to proceed with the hearing in the claimant's absence rather than dismissing the claim for non-attendance.

Having considered the documentary evidence and the evidence of Ms Pearson, the tribunal found that there was no outstanding commission due once all reductions attributable to the gross profit of the claimant's January 2024 accounts had been calculated. The tribunal also noted that the claimant bore the burden of proving her loss and that she had provided no evidence to support her assertion that about £900 was owed. The claim for unauthorised deductions from wages was therefore dismissed.