Feller UK Ltd

Case Summary

The claimant alleged unlawful deductions from wages, claiming her employer made deductions without written consent or a court order (attachment of earnings). The claimant withdrew her claim by email at 8:30am on the morning of the hearing without attending. The tribunal dismissed the claim upon withdrawal and ordered the claimant to pay the respondent £350 in costs due to her unreasonable last-minute withdrawal after being given multiple opportunities to engage with the proceedings.

The claimant's conduct in withdrawing at the very last minute was unreasonable. Although the claimant had strained means and a speech impairment, she failed to advance any explanation for her behaviour despite having clear opportunity to do so, had engaged with a full grievance process, and the respondent incurred costs by being put to attendance at the final hearing after the claimant did not request holiday despite it being offered.

• •Whether deductions from wages were made without proper consent or court order under Employment Rights Act 1996
• •Whether claimant acted unreasonably in withdrawing claim at last minute
• •Costs application for unreasonable conduct

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