Mr R Murray v Loving Foods Limited — 2019

The final hearing on 14 February 2020 concerned the claimant's complaint of unlawful deductions from wages. The claimant did not attend, while the respondent attended through its director, Mr A Goldwater. The tribunal checked for any communication from the claimant, made enquiries about his absence, and found no explanation or participation in preparation for the hearing.

The Employment Judge considered rule 47 of the 2013 Rules of Procedure and dismissed the claim. The reasons record that the respondent had made a payment to the claimant of what it agreed was due, but that the claimant was not present to challenge that calculation. The tribunal also noted that the claimant had sought an additional £500 as compensation for late payment, but stated that it had no power to make such an award. It said it could only have awarded any proven underpayments, and consequential losses such as bank charges or late payment fees if those had been proved.