Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claim was dismissed under Rule 47 for non-attendance after the claimant failed to attend the hearing, failed to comply with tribunal directions, and failed to engage with the respondent for several months despite multiple reminders and opportunities to respond.
The claim for unpaid sick pay (4 weeks totalling £1,800) was dismissed under Rule 47 for non-attendance alongside the unfair dismissal claim.
Facts
Daniel Andrew was dismissed by Marks and Spencer on 21 November 2024 for gross misconduct following an alleged argument with a manager in August 2024. He claimed unfair dismissal and unpaid sick pay (£1,800 for 4 weeks). After filing his claim on 9 February 2025, he failed to comply with case management directions, did not provide documents or a schedule of loss, and ceased communication with the respondent after 8 May 2025 despite multiple requests and tribunal orders.
Decision
The tribunal dismissed both claims under Rule 47 for non-attendance. The claimant failed to attend the hearing on 2 October 2025 despite clear notice, failed to respond to the tribunal clerk's attempts to contact him on the morning of the hearing, and had shown a consistent pattern of non-engagement with the proceedings for several months.
Practical note
Consistent failure to comply with tribunal directions and complete non-engagement with proceedings will result in dismissal under Rule 47, even for claimants with lengthy service and potentially meritorious claims.
Case details
- Case number
- 6004335/2025
- Decision date
- 2 October 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 14 years
Claimant representation
- Represented
- No