Miss M. Richardson v Sbfm Full Merits Hearing — 2024

Miss Richardson brought a claim for unauthorised deductions from wages under section 13(1) of the Employment Rights Act 1996, saying in the claim form that on some occasions she had not been paid her wages or had been paid at the wrong hourly rate. The respondent said it did not understand precisely what was said to be owed, and no further communication was received from the claimant after the claim was presented.

The final hearing proceeded in the claimant's absence. The tribunal recorded that the claimant did not attend, gave no advance notice of non-attendance, and could not be contacted on the morning of the hearing despite attempts to do so. The tribunal also noted that it was not possible to determine the claim because the claim form did not fully particularise the amount of wages alleged to be unpaid or the dates and periods of any underpayment.

Taking account of the overriding objective and the claimant's failure to provide any reason for her absence, the tribunal dismissed the claim under rule 47 of the Employment Tribunals Rules of Procedure 2013. No monetary remedy was awarded.