Mrs L Mahomed v Birkin Cleaning Services Limited — 2024

This was a final hearing listed to determine the claimant's claim for unlawful deductions from wages. The claimant did not attend. At 9.59am on the hearing date she emailed asking for the hearing to be cancelled, and the respondent said it had received an earlier email the previous week saying she was withdrawing her claim, although the claimant did not confirm that to the tribunal.

The tribunal noted the respondent had complied with case management directions and had produced witness statements and documents, while the claimant had not complied, including failing to provide a witness statement or to respond to an order requiring her to write to the tribunal by 3 June 2024. Applying Rule 47 of the Employment Tribunal Rules of Procedure 2013 and the overriding objective, the Employment Judge decided to continue in the claimant's absence.

Having considered the documents, the tribunal accepted that the claimant was not owed any outstanding wages. The judgment states that the claim of unlawful deductions from wages was not well founded and was dismissed, and that the proceedings were dismissed.