Mrs C Watkinson v Mr S Sriranganathan — 2022

The claimant, Mrs C Watkinson, brought a claim of unlawful deductions from wages against Mr S Sriranganathan. The matter was listed for hearing on 22 June 2022 by CVP. The tribunal recorded that a notice of hearing was sent on 28 May 2022, that both parties were also sent a CVP enquiry letter and form on the same date, and that the claimant responded on 12 June 2022 confirming she was able to attend by videolink.

The tribunal found that the claimant therefore knew or ought to have known that the hearing was listed for 10am on 22 June 2022 and would proceed by CVP. A further email on 20 June 2022 attached the CVP notice, joining link and instructions, and the tribunal was satisfied this should have been received by the claimant at the email address used in her ET1 and in communications with the tribunal. Neither party joined by 9.30am, as instructed, or by 10.35am, when the claim was dismissed. The tribunal clerk attempted to telephone the claimant but the number provided was invalid, and there was no recorded contact from either party to explain their absence.

Because the claimant did not attend to give evidence, the tribunal said she could not discharge the burden of proof on the facts of the case. It therefore dismissed the claim pursuant to rule 47 of the Employment Tribunal Rules of Procedure 2013. No substantive finding was made on the underlying wage complaint and no monetary award was recorded.