Claimant v Mr R Milroy
Outcome
Individual claims
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
Case details
- Case number
- 6013676/2025
- Decision date
- 31 October 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Name
- Mr R Milroy
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No