No attendance For the v Mr. L. Pike (solicitor) — 2023

The claimant brought claims for unauthorised deductions from wages and holiday pay. The claim form did not identify the alleged deductions or give meaningful particulars of the holiday pay claim, and the claimant did not comply with earlier case management orders to exchange documents and witness statements. At the final hearing she did not attend, and her late postponement requests were refused under the tribunal's case management powers because they were late and not compliant with Rule 92 and the Presidential Guidance.

The tribunal found the respondent's records, payslips and bank documents showed the claimant had been paid in full for all hours worked and that the figures tallied. On the holiday pay issue, the respondent's evidence showed a payment that was slightly in excess of the claimant's statutory entitlement. The claimant provided no witness statement and no evidence to explain what deductions were said to have been made, when they were made, or in what amounts.

In those circumstances, the tribunal dismissed the claims under Rule 47. It also stated that, even if a postponement had been granted, the claims appeared doomed to fail on the evidence before it. The respondent's application for costs was not determined at the hearing because the claimant was absent and had not yet had a reasonable opportunity to make representations.