Miss N Waterworth v Widecare — 2021

The hearing took place remotely before Employment Judge Horne at Liverpool on 5 March 2021. The claimant did not appear and was not represented. The tribunal noted that the respondent was represented by Ms C Price and that both parties had been notified of the hearing date and the later re-timing of the hearing.

The tribunal treated the claim form as appearing to raise unlawful deduction from wages. It also noted a letter from the claimant saying she had resigned without notice and alleging that she had been pushed out of the company, but she had not ticked the box for notice pay or a complaint about being deprived of the chance to work her notice. On 2 March 2021 she said she had received the money the respondent owed her, while wishing to pursue another aspect of her claim. The tribunal told her it did not have the legal power to consider that part of the claim and reminded her of the hearing.

When the tribunal clerk telephoned shortly after the scheduled start, the call went to a recorded message saying the claimant would not be able to take calls as she was at work. The tribunal was satisfied that she knew about the hearing and had given no reason for not attending other than appearing to be at work. It also found that she appeared to have been paid all the amounts that, according to her claim, had been unlawfully deducted from her wages.

The tribunal considered that it would not be proportionate to adjourn to give her another opportunity to attend. Even on the assumption that constructive dismissal formed part of the original claim, the tribunal said the most she could realistically hope to recover would be contractual damages equivalent to notice pay. The claim was therefore dismissed.