Brown v Mr A Barclay-White

Case No: 2307241/2025 10.7 Judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mr L V Brown Respondent: Mr A Barclay-White Heard at: Croydon (via CVP) On: 5 March 2026 Before: Employment Judge Leith Representation Claimant: No attendance or representation Respondent: Ms Miller (Counsel) JUDGMENT 1. The claim is dismissed. REASONS 1. The Claimant brings complaints of unfair dismissal, wrongful dismissal, unauthorised deduction from wages, and failure to pay accrued but untaken annual leave. I dismissed the claim, for the reasons I gave orally. At the conclusion of my oral judgment, the Respondent requested written reasons, which are therefore set out below. Law 2. Rule 47 of the Employment Tribunal Rules of Procedure deals with non-attendance at a hearing. It provides as follows: 47. Non-attendance If a party fails to attend or to be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence. 3. When considering whether to exercise the power in rule 47, the Tribunal must always bear in mind the overriding objective, set out in rule 3: 3. Overriding objective (1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly. Case No: 2307241/2025 10.7 Judgment with reasons – rule 62 March 2017 (2) Dealing with a case fairly and justly includes, so far as practicable— (a) ensuring that the parties are on an equal footing, (b) dealing with cases in ways which are proportionate to the complexity and importance of the issues, (c) avoiding unnecessary formality and seeking flexibility in the proceedings, (d) avoiding delay, so far as compatible with proper cons...