Christopher Bromilow v Albany Park Ltd — 2021

The claimant, Christopher Bromilow, did not comply with the tribunal’s directions for disclosure and witness statements. A previous hearing had been adjourned because earlier directions had not been complied with, and by the date of the hearing on 6 August 2021 the claimant had still not served a witness statement. He sent some documents only on the evening before the hearing and on the morning of the hearing, and he did not join the hearing at 10:00am; when telephoned, he said he had received the hearing details but not the time and logged in at 10:20am.

The claimant’s case was, in essence, that he had been guaranteed a bonus on top of his basic salary and that it was payable regardless of performance. Employment Judge Housego found that he had produced no documentary or other evidence to support that claim. The judge held that the burden of proof was on the claimant on the balance of probabilities, that the late documents did not appear likely to have probative value because they did not address the bonus scheme, and that the claim could not be proved. The claim was therefore dismissed.

The tribunal also said it would have dismissed the claim under Rule 37(b) as an unreasonable way to conduct the claim, under Rule 37(c) for failure to comply with tribunal orders, and under Rule 37(d) because it had not been actively pursued. The respondent’s counterclaim for overpayment of commission was also dismissed because it was contractual in nature and the respondent had not produced the employment contract, bonus scheme, or other evidence needed to establish liability.

No monetary award was made. The judgment records only that the claim and the counterclaim were both dismissed.