Claimant v Austen Marketing Associates Limited
Outcome
Individual claims
Claim struck out under Rule 38(1)(c) because the claimant has not complied with the Tribunal Rules or a Tribunal order. The claimant did not attend the hearing.
Claim struck out under Rule 38(1)(c) because the claimant has not complied with the Tribunal Rules or a Tribunal order. The claimant did not attend the hearing.
Claim struck out under Rule 38(1)(c) because the claimant has not complied with the Tribunal Rules or a Tribunal order. The claimant did not attend the hearing.
Facts
Helen Marsh brought claims of discrimination on the grounds of age, sex and sexual orientation against Austen Marketing Associates Limited. A hearing was scheduled for 28 October 2025 to be held remotely via CVP. The claimant did not attend the hearing. The respondent was represented by Mr Inns, a company director.
Decision
Employment Judge Tueje struck out all three discrimination claims under Rule 38(1)(c) of the Employment Tribunal Rules on the basis that the claimant had not complied with the Tribunal Rules or a Tribunal order. The strike-out resulted from the claimant's non-attendance at the hearing.
Practical note
Non-attendance at a tribunal hearing without explanation can result in claims being struck out under Rule 38(1)(c) for failure to comply with tribunal rules or orders, ending the proceedings against the claimant.
Legal authorities cited
Statutes
Case details
- Case number
- 2303895/2023
- Decision date
- 29 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No