No appearance or v Respondent — 2020

The claimant brought claims for breach of contract and unauthorised deductions from wages. He did not attend the hearing, and the tribunal decided to continue in his absence. The respondent attended with two witnesses, a bundle, and witness statements, and the tribunal heard evidence from Mrs Palmer and Mr Scott.

The tribunal found that the claimant started work as a night porter on 21 November 2018 and that his probationary period was extended more than once. He failed to attend a further probationary review meeting on 24 April 2019. The tribunal also found that he had locked himself into the accommodation provided by the respondent, and that Mr Scott decided he should be dismissed. He was asked to leave the premises but did not do so until the police attended later that evening.

On the wage and deduction issues, the tribunal held that the claimant's contract and live-in employee agreement entitled the respondent to make deductions for sums due in respect of overpayments and/or damage. It found that the claimant had been paid in full for the whole of April 2019, had only worked until 24 April 2019, and was not entitled to any further payment. It also found that he had broken a fridge shelf and failed to have his bedding laundered so that it was unusable, and that the respondent had proved the replacement costs.

In light of those findings, the tribunal held that the claimant's claims were not well founded and dismissed them.