Claimant v B & M Retail Limited
Outcome
Individual claims
Claim struck out under Rule 47 for non-attendance at preliminary hearing. Claimant failed to comply with tribunal orders dated 11 January 2025 and 22 April 2025, failed to answer telephone calls during the hearing, and failed to respond to email directing him to join by 2.40pm.
Facts
Mr Smith brought a claim against B & M Retail Limited. He failed to comply with tribunal orders dated 11 January 2025 and 22 April 2025. On 18 August 2025, a private preliminary hearing was scheduled to be held remotely. The claimant did not attend the hearing, did not answer two telephone calls from the tribunal clerk during the hearing, and did not respond to an email sent at 2.21pm directing him to join by 2.40pm. The respondent applied to dismiss the claim for non-attendance.
Decision
Employment Judge Dimbylow struck out the claim under Rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance at the preliminary hearing and his failure to comply with previous tribunal orders. The claimant had multiple opportunities to participate but failed to engage with the tribunal process.
Practical note
Claimants must attend scheduled hearings and comply with tribunal orders; failure to do so without explanation can result in claims being struck out under Rule 47.
Legal authorities cited
Statutes
Case details
- Case number
- 6015643/2024
- Decision date
- 18 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No