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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Miller v Gregson UK [2010] NIIT 02636_10IT (02 February 2011)
URL: http://www.bailii.org/nie/cases/NIIT/2011/02636_10IT.html
Cite as: [2010] NIIT 2636_10IT, [2010] NIIT 02636_10IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2636/10
CLAIMANT: Jonathan Miller
RESPONDENT: Gregson UK
DECISION
The unanimous decision of the tribunal is that the claimant’s claims for redundancy pay, holiday and notice pay and unlawful deduction from wages are dismissed.
Constitution of Tribunal:
Chairman: Ms Julie Knight
Members: Mr John Hall
Mr James Hughes
Appearances:
The claimant did not appear.
The respondent did not appear.
1. The issues to be determined by the tribunal were whether the claimant was entitled to a redundancy payment, holiday pay, notice pay and compensation for unlawful deduction from wages as detailed in the claimant’s originating claim form. No response was entered by the respondent and therefore was not entitled to take a full part in the proceedings.
2. A Notice of Hearing was sent to the claimant to his address held by the Office of the Industrial Tribunals and the Fair Employment Tribunal by post on 17 November 2010. The claimant did not appear at the Hearing on 18 January 2011. The Notice of Hearing was not returned by Royal Mail as undelivered and there was no communication from the claimant to advise the tribunal of the reason for his non attendance. The tribunal waited until 1pm and then decided to deal with the claimant’s claims in the absence of the parties.
3. The tribunal considered the contents of the originating claim form, including a letter from the claimant to the respondent dated 16 September 2010. The burden of proof is on the claimant to prove his claims on the balance of probabilities. The tribunal did not consider that there was sufficient evidence before it from the claimant to discharge that burden.
4. The tribunal therefore decided to dismiss the claimant’s claims in their entirety.
Chairman:
Date and place of hearing: 18 January 2011 Belfast
Date decision recorded in register and issued to parties: