Claimant v Crystalcare Cleaning Services Ltd
Outcome
Individual claims
The claim was struck out under rule 47 because the Claimant failed to attend the preliminary hearing on 1 December 2025 and failed to be represented, despite the Tribunal having made arrangements for a Spanish interpreter and an in-person hearing to accommodate his needs.
The claim was struck out under rule 47 because the Claimant failed to attend the preliminary hearing on 1 December 2025 and failed to be represented, despite the Tribunal having made arrangements for a Spanish interpreter and an in-person hearing to accommodate his needs.
The notice pay claim was struck out under rule 47 because the Claimant failed to attend the preliminary hearing on 1 December 2025. The Judge found the Claimant deliberately frustrated attempts by the Tribunal to contact him and concluded his non-attendance was deliberate and disrespectful.
Facts
The Claimant brought claims of age discrimination, disability discrimination, and notice pay. A preliminary hearing was postponed in June 2025 due to technological and language issues, and was relisted for 1 December 2025 as an in-person hearing with a Spanish interpreter. The Claimant did not attend the December hearing, did not notify the Tribunal or Respondent of his absence, and when the Tribunal attempted to contact him by phone, he claimed he could not understand or hear, then ceased responding.
Decision
Employment Judge Massarella dismissed all claims under rule 47 of the Employment Tribunal Procedure Rules 2024 due to the Claimant's failure to attend or be represented. The Judge found that the Claimant's non-attendance was deliberate and that he had deliberately frustrated the Tribunal's attempts to contact him, demonstrating disrespect to the Tribunal. The Judge considered but rejected adjourning the case as there was no confidence the Claimant would attend a future hearing.
Practical note
Tribunals will exercise their wide discretion under rule 47 to strike out claims where a claimant deliberately fails to attend without good reason, even where accommodations have been made for language barriers and disabilities.
Legal authorities cited
Statutes
Case details
- Case number
- 3202201/2024
- Decision date
- 1 December 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No