Did not attend. For the v By CVP – Mr Daniels and Mr Nevard. — 2023

The claimant, Mr Ben Robb, did not attend the two-hour hearing on 21 June 2023. The tribunal clerk telephoned him and he said he had not received the Notice of Hearing, but the file showed that the notice had been emailed to him. When the clerk telephoned again, the claimant did not answer. Employment Judge Brown found that the claimant was aware of the hearing date and that the tribunal should exercise its power under Rule 47 of the Employment Tribunals Rules of Procedure to dismiss the claim for non-attendance.

The claimant's claim was therefore dismissed without a substantive determination of the merits. The judgment does not set out reasons on the underlying unlawful deduction from wages issue, because the dismissal turned on the claimant's failure to attend despite clear evidence that he knew about the hearing.

The respondent's employer contract claim succeeded at the same hearing. The tribunal ordered the claimant to pay the respondent £169.32 in respect of that claim. The written judgment does not provide further detail about the contractual claim beyond that order.