Case 2404019/2023 · Employment Tribunal
Miss L Webb v Pinaccle Care — 2023
- Case reference
- 2404019/2023
- Decision date
- 22 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mellor
Parties
2 namedClaimant
Miss L Webb
Respondent
Key findings
Tribunal's reasoningMiss L Webb brought a claim on 30 March 2023 described in the reasons as one for unpaid wages and overpayment of tax. The respondent did not present an ET3, but the case was listed for a full merits hearing on 15 June 2023 and the claimant was ordered to provide a document setting out the amount claimed, how it was calculated, and supporting evidence. The claimant did not send any such document or evidence.
The claimant did not attend the hearing. The tribunal arranged for her to be called twice, but the calls were unanswered and went to voicemail. The tribunal had previously emailed the claimant, but the email bounced back, so the notice of hearing was posted. Employment Judge Mellor was satisfied that the claimant had notice of the hearing and waited until 10.30 for her to arrive or communicate with the tribunal.
Applying Rule 47 of the Employment Tribunal Rules of Procedure 2013, and noting there had been no request for a postponement or adjournment, the tribunal decided it was not fair or just to postpone the case of its own motion. It also noted that the claimant had not properly particularised the claim and that the tribunal does not have a duty of its own motion to investigate the case. The claim was dismissed for non-attendance under Rule 47. The reasons also record that the tribunal had no jurisdiction to determine the overpayment of tax issue.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The ET1 was described as a claim for unpaid wages and overpayment of tax. The tribunal noted it had no jurisdiction to determine the overpayment of tax issue and dismissed the claim under Rule 47 because the claimant did not attend and had not complied with the case management order or properly particularised the claim. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47, Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- overriding objective
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.