Mr B McGreish v Respondent — 2021

The claimant, Mr B McGreish, brought a claim of unauthorised deductions from wages in relation to a week's pay in July 2021. The respondent, MCP Contracting Ltd, was represented by Ms S Morgan, Advocate. The claimant did not attend the hearing and was not represented.

The tribunal recorded that the claimant had received the hearing notice on 15 September 2021 and had exchanged a number of emails with the tribunal. On 23 November 2021, the day before the hearing, he requested a postponement because he had started a new job and could not get time off. The application was not copied to the respondent's representative and was refused under Rule 30A(2). The claimant then said he would not attend.

After considering the claimant's absence and the available material, the employment judge concluded that there was little purpose in proceeding in the claimant's absence because there was no evidence to support the claim and no reasonable prospect of any outcome other than dismissal. The judge also took into account the claimant's late postponement request, his earlier failure to engage with the respondent about preparation, and his failure to respond fully to the tribunal's requests for clarification.

The respondent's application for dismissal under Rule 47 was granted. The judgment dismisses the claim and records no monetary award, because the tribunal did not reach the underlying merits of the wages claim.