Claimant v Owain Butler
Outcome
Individual claims
Claim struck out under Rule 47 for non-pursuit. The claimant failed to attend the preliminary hearing, failed to respond to communications from the respondent on 8, 13 and 14 August 2025, failed to answer telephone calls from the tribunal clerk during the hearing, and failed to respond to an email directing her to join by 10.45am.
Facts
Mrs M Murali brought a claim against Owain Butler, an individual respondent. The claimant failed to attend a preliminary hearing scheduled for 18 August 2025. Prior to the hearing, the claimant had failed to respond to multiple communications from the respondent on 8, 13, and 14 August 2025. During the hearing itself, the tribunal clerk attempted to contact the claimant by telephone twice and sent an email at 10:13am directing her to join by 10:45am, but received no response.
Decision
Employment Judge Dimbylow dismissed the claim under Rule 47 of the Employment Tribunal Procedure Rules 2024 on the basis of the claimant's non-attendance and failure to engage with the proceedings. The respondent, represented by counsel, applied for dismissal, and the tribunal granted the application given the claimant's complete lack of participation.
Practical note
Persistent failure to respond to communications and attend hearings will result in claims being struck out for non-pursuit under Rule 47.
Legal authorities cited
Statutes
Case details
- Case number
- 6000328/2025
- Decision date
- 18 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Owain Butler
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No