Cases6013676/2025

Claimant v Mr R Milroy

31 October 2025Before Employment Judge R RussellCardiffremote video

Outcome

Claimant fails

Individual claims

Otherdismissed on withdrawal

The claim was dismissed under Rule 47 for the claimant's failure to attend the preliminary hearing. This was the second hearing the claimant failed to attend, she did not comply with tribunal orders to provide a witness statement and documents, and took no active steps to pursue her claim despite being warned that non-attendance could result in dismissal.

Facts

The claimant brought an employment claim against Mr Milroy, but the nature of the claim was unclear and contained matters potentially outside the tribunal's jurisdiction. The claimant failed to attend a case management hearing on 19 August 2025 and was expressly warned that failure to attend the next hearing could result in dismissal. She was ordered to provide a witness statement and documents by 11 September 2025 but failed to comply. At the preliminary hearing on 31 October 2025 listed to consider time limit issues, the claimant again failed to attend. The tribunal delayed the start and made multiple attempts to contact her by phone and email but received no response until 10:39am, after the hearing had concluded at 10:34am, when she sent a brief email saying she could not join.

Decision

Employment Judge Russell dismissed the claim under Rule 47 for the claimant's failure to attend the hearing. The tribunal found the claimant had failed to attend two hearings, failed to comply with tribunal orders, provided no adequate explanation for non-attendance despite having access to email and telephone, and had taken no active steps to pursue her claim. The judge considered it proportionate and in accordance with the overriding objective to dismiss rather than adjourn further.

Practical note

Claimants must actively pursue their claims and attend hearings; repeated non-attendance without adequate explanation, especially after express warnings and failure to comply with orders, will result in dismissal under Rule 47 even in cases where the respondent has not filed a response.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 47

Case details

Case number
6013676/2025
Decision date
31 October 2025
Hearing type
preliminary
Hearing days
Classification
contested

Respondent

Sector
Represented
No

Claimant representation

Represented
No