No attendance, no v Mr T Wainwright, director — 2024

The claimant did not attend the final hearing and applied for a postponement on the morning of the hearing. The tribunal refused the application because it was not persuaded that exceptional circumstances had been shown, and proceeded in the claimant's absence under the tribunal rules.

The proceedings concerned unpaid commission arising from the claimant's employment as a recruitment consultant. The tribunal found that the contract allowed post-termination commission to be assessed at the director's discretion, and that the relevant discretion had to be exercised reasonably and not capriciously.

The tribunal preferred Mr Wainwright's evidence on the work done for the placement and was satisfied that he assessed the commission in line with his usual practice. The respondent accepted that £162.50 was due, and the tribunal awarded that sum to the claimant.