Mr Anirudh Chaudhary v Respondent — 2024

Mr Anirudh Chaudhary presented the claim on 15 July 2023. The original form ticked race discrimination and stated that he was owed holiday pay, arrears of pay and other sums. At the preliminary hearing on 15 September 2023, he confirmed that the only claims he wished to pursue were unlawful deduction of wages and holiday pay, and the race discrimination claim was dismissed.

The respondent then provided the sums it said had been paid and the basis of its calculations for wages and holiday pay. The claimant did not respond to those figures, and at the second preliminary hearing on 15 November 2023 he was given a further opportunity to say whether any of the sums were disputed and to confirm whether he intended to proceed. He did not engage further with the tribunal or the respondent.

The final hearing took place on 19 February 2024. The respondent attended, with a director and a witness, but the claimant did not attend and did not notify the tribunal or respondent that he would be absent. After making enquiries and considering the available information, Employment Judge D Hoey dismissed the remaining claims under rule 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The judgment records that the respondent's material showed the claimant had received all sums to which he appeared to be due and that this position had not been disputed. The tribunal also noted that the respondent might consider an application for a preparation time order under rule 79.