Not present or represented For the v Mr J Fisher, Director, and Mrs H Fisher, Director — 2020

The claimant did not attend the hearing. The tribunal considered the reason given for her absence and proceeded under rule 47 of the Employment Tribunal Rules of Procedure 2013, hearing evidence from the respondent's two directors and deciding the case on the balance of probabilities.

On the unlawful deduction from wages issue, the tribunal found that the January 2019 deduction was made to recover sick pay that had been paid in 2018 but to which the claimant had not been entitled. It held that the deduction fell within section 14 of the Employment Rights Act 1996, so it was not a breach of section 13 and was not a breach of contract. The tribunal noted that the claimant had not been given written terms of employment, but said there was nevertheless a contract of employment in place.

On the unpaid holiday pay and other payment claims, the tribunal accepted the respondent's pay slips and bank statement as showing that the claimant had been paid the other sums she said were outstanding, apart from fuel expenses of £27.35. It found that any entitlement to expenses was conditional on using the respondent's expenses claim form, with the purpose of the journey and any receipt provided, and that the claimant had not done so.

For those reasons, the tribunal held that none of the claimant's claims succeeded and dismissed the claims for unlawful deduction from wages, unpaid holiday pay, and damages for breach of contract.