Mr L Crozatti v Biomarsh Environmental Limited — 2020

This was not a merits judgment. Employment Judge Laidler recorded that the remote hearing could not continue fairly because the claimant was connecting by mobile phone from his lorry and had intermittent internet connection, with his image freezing and difficulty hearing him while the oath was being administered.

The tribunal therefore adjourned the matter to another hearing. The reasons note that the case had previously been listed by Employment Judge Postle, who had converted it to a CVP hearing because of the pandemic. Judge Laidler stated that the matter would be relisted for an attended hearing unless the claimant could confirm that he would be in a building with suitable and stable internet access for any video hearing.

No findings were made on the underlying claim issues. Instead, the tribunal noted that the claimant had not complied with the earlier order to prepare a witness statement, and that the respondent also had not prepared witness statements. The respondent was told it needed evidence addressing its contention that it was entitled to make deductions from the claimant's final pay and that he was not entitled to 90 days' notice.

The order required exchange of witness statements by 30 October 2020 and relisted the final hearing for 27 November 2020 at Norwich Employment Tribunal with a time estimate of 3 hours. As no liability decision or remedy decision was made, no award was recorded in this judgment.