Claimant v Network Rail Infrastructure Limited
Outcome
Individual claims
The application for interim relief was dismissed because the claimant failed to attend the hearing under Rule 47 of the Employment Tribunals Procedure Rules 2024. Additionally, the tribunal noted the remedy sought was reinstatement when the claimant remained employed by the respondent, making the application fundamentally flawed.
Facts
The claimant brought an application for interim relief against his employer Network Rail Infrastructure Limited. The claimant remained employed by the respondent at the time of the application. The claimant sought reinstatement as the remedy. The claimant failed to attend the preliminary hearing scheduled to consider his interim relief application.
Decision
The tribunal dismissed the interim relief application for non-attendance under Rule 47. The judge also noted that even if the claimant had attended, the application would have been dismissed as hopeless because the claimant sought reinstatement while still employed by the respondent.
Practical note
An application for interim relief seeking reinstatement is fundamentally misconceived when the claimant remains employed by the respondent.
Case details
- Case number
- 6023042/2025
- Decision date
- 1 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No