Claimant v FR Shadbold and Sons Limited
Outcome
Individual claims
Claim dismissed under Rule 47 due to claimant's non-attendance at hearing. Claimant was at work and had not applied for postponement. Additionally, claim was out of time under ET Extension of Jurisdiction Order 1994 and tribunal needed to hear evidence on delay.
Facts
Two claimants brought claims against their former employer which was in voluntary liquidation. Neither claimant attended the hearing scheduled for 10 September 2025. One was at work and one was on holiday. No application for postponement was made. Other claimants in related cases confirmed both were aware of the hearing date.
Decision
Employment Judge Moor dismissed both claims under Rule 47 for non-attendance. The tribunal was satisfied both parties had been notified. The judge found the reasons for absence insufficient and that it was in accordance with the overriding objective to dismiss as the parties had not taken their opportunity to be heard.
Practical note
Claimants must attend scheduled hearings or apply for postponement with good reason; failure to do so will result in dismissal of claims even against an insolvent respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 3202136/2024
- Decision date
- 10 September 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No