Mr C Grant v DW Contractors (Oxford) Limited — 2019

The claimant did not attend the hearing and emailed shortly before the listed start time asking for the case to be rescheduled. The tribunal refused the postponement application, noting that notice of hearing had been sent in February 2019, that the tribunal had tried to contact the claimant by his preferred email address, and that he had not responded to earlier correspondence. The tribunal referred to Rule 47 and proceeded in the claimant's absence.

The claim form was for unpaid notice pay and holiday pay. The tribunal noted that the form contained obvious errors, including the naming of two employees rather than the respondent on the early conciliation material, and it also noted that the claim form contained no detailed information supporting the claim. The tribunal observed that the claim might have been rejected under Rule 12(1)(f), but the case proceeded to hearing.

Mr Prince, for the respondent, gave evidence that the claimant had been paid wages for all days worked before termination, had been paid notice pay, and had been paid holiday pay. The figures recorded were £1,661.52 for work up to 23 November 2018 and £692.30 for notice pay, with the claimant only entitled to one week's notice. The tribunal also recorded that the claimant had taken 2 days' holiday on 10 September 2018 and 2 October 2018 out of an accrued total of 6.5 days, and that payment had been made for 4.5 days of holiday.

On that evidence, and in the absence of any detailed material from the claimant, the tribunal found that the claimant was not entitled to any further sums from the respondent and dismissed the claim.