Claimant v The Mossbourne Federation
Outcome
Individual claims
The tribunal found that the respondent was entitled to deduct £418.05 from the claimant's February 2023 pay, and the £300 deduction actually made was lawful. The claimant failed to attend the hearing or provide any witness statement despite case management orders, and the documentary evidence established no outstanding wages were owed.
Facts
The claimant brought a claim for unlawful deduction of wages relating to a £300 deduction from her February 2023 pay. The claimant failed to comply with case management orders requiring her to provide a witness statement by October 2024. On the day before the final hearing, she notified the tribunal she would not attend due to personal matters involving her child and school, referencing police incidents but providing no details.
Decision
The tribunal proceeded in the claimant's absence under Rule 47. Based on the respondent's comprehensive documentary evidence and witness statement from Stephen Greenman, the judge found the respondent was entitled to deduct £418.05 from the claimant's February 2023 pay, making the actual £300 deduction lawful. The claim was dismissed as not well-founded.
Practical note
Failure to comply with case management orders and non-attendance at a final hearing will likely result in dismissal of the claim, particularly where the respondent has provided comprehensive evidence establishing their position.
Case details
- Case number
- 3201158/2023
- Decision date
- 28 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
- Rep type
- barrister
Claimant representation
- Represented
- No