ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4114483/2014 Hearing Held in Edinburgh on March 2017 Employment Judge: M A Macleod (sitting alone) John Harrower v Respondent — 2017

The tribunal described the case as a claim for unlawful deductions from wages. The first respondent said it had no liability because the business had transferred from an insolvent company, Descant Limited. The second respondent admitted Descant Limited was insolvent, did not admit that the first respondent was insolvent, and asserted that there had been a TUPE transfer to the first respondent's employment of the claimant.

After the hearing, the tribunal noted that on 22 December 2016 one of the claimants in related combined proceedings said by telephone that they had received payments from the second respondent in respect of the outstanding sums sought. The tribunal wrote to the claimant on 9 January 2017 to ask whether he had reached a settlement, and sent a reminder on 13 March 2017, but received no response.

The claimant did not attend the hearing on 21 March 2017 and gave no indication that he did not intend to appear. In those circumstances, the tribunal concluded that he did not intend to pursue the claim, and considered it likely that this was because he had received payment from the second respondent like the other claimants who had contacted the tribunal. The claim was therefore dismissed under Rule 47 of the Employment Tribunals Rules of Procedure 2013.