Cases3300164/2023

Claimant v Beds of Paradise

12 August 2025Before Employment Judge GrahamBury St Edmundsremote video

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissaldismissed on withdrawal

Claim dismissed under Rule 47 for non-attendance at hearing. Claimant failed repeatedly to engage with tribunal directions, provide documents, or attend the preliminary hearing. Tribunal could not proceed without understanding the nature of the complaint.

Facts

Claimant filed claim for automatic unfair dismissal on 10 February 2023. Respondent denied the claim. Claimant repeatedly failed to comply with tribunal directions including providing additional information and documents for three separate preliminary hearings. Claimant did not attend the preliminary hearing on 12 August 2025 and had not communicated with the respondent or tribunal since filing the claim.

Decision

Tribunal dismissed the entire claim under Rule 47 for non-attendance. Judge found that postponement would be inappropriate given the claimant's repeated failure to engage, the delays already incurred, and the waste of tribunal resources. Could not proceed without understanding the nature of the claim, and re-listing would not be a proper use of tribunal time.

Practical note

Tribunals will dismiss claims under Rule 47 where claimants persistently fail to engage with directions and do not attend hearings, particularly where postponement would waste resources and be unfair to the respondent and other tribunal users.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 Rule 47Employment Tribunal Rules of Procedure 2024 Rule 3

Case details

Case number
3300164/2023
Decision date
12 August 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
No
Rep type
in house

Claimant representation

Represented
No