Cases6014292/2025

Claimant v Warner Bros. Entertainment UK Limited

17 October 2025Before Employment Judge EmeryLondon Centralremote video

Outcome

Claimant fails

Individual claims

Otherstruck out

All claims against all respondents dismissed under Rule 47 for non-attendance at preliminary hearing. Claimant was aware of the hearing (submitted documents on 3 October 2025 referring to the hearing) but failed to attend and did not respond to tribunal's attempts to contact him.

Facts

The claimant brought claims against three respondents (Warner Bros, Royal Borough of Kensington & Chelsea, and Virgin Active). A preliminary hearing was listed for 17 October 2025 to clarify claims and consider strike-out and deposit order applications. The claimant had been actively engaging with the process and sent documents to the tribunal on 3 October 2025 specifically referencing the upcoming hearing. However, the claimant failed to attend the hearing and did not respond to the tribunal's attempts to contact him by phone.

Decision

Employment Judge Emery dismissed all claims against all three respondents under Rule 47 of the Employment Tribunal Procedure Rules 2024 for non-attendance. The judge found that the claimant was clearly aware of the hearing, had made no contact to explain his absence, and did not respond to attempts to contact him. The judge exercised discretion to strike out the claims, noting the claimant could apply for a review if he had a good reason (such as a medical emergency) with supporting evidence.

Practical note

Tribunals will dismiss claims under Rule 47 for non-attendance where the claimant was clearly aware of the hearing and fails to provide any explanation, though claimants may apply for reconsideration with evidence of good reason.

Legal authorities cited

Roberts v Skelmersdale College [2003] EWCA Civ 954Cooke v Glenrose Fish Co Ltd [2004] IRLR 866

Statutes

Employment Tribunals Procedure Rules 2024 Rule 47

Case details

Case number
6014292/2025
Decision date
17 October 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
media
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No