Claimant v BPMS02 Limited (formerly Alamo Blinds & Shutters Limited)
Outcome
Individual claims
Claim dismissed under rule 47 of the Employment Tribunal Rules of Procedure 2024 due to the Claimant's failure to attend the hearing despite being properly notified and given multiple opportunities to attend.
Claim dismissed under rule 47 due to the Claimant's non-attendance at the final hearing. The Claimant was contacted multiple times on the hearing day but failed to engage with the Tribunal.
Claim for failure to pay notice pay dismissed under rule 47 following the Claimant's failure to attend the hearing despite clear instructions to do so.
Claim dismissed under rule 47 due to Claimant's non-attendance. Despite being told he should attend to apply for an adjournment, he failed to engage with the Tribunal.
Claim for arrears of pay dismissed under rule 47 following the Claimant's failure to attend the final hearing despite being properly notified and given multiple opportunities.
Facts
The Claimant brought claims for unfair dismissal (ordinary and automatic), wrongful dismissal, holiday pay and unlawful deductions from wages against his former employer, a company now in liquidation. The case was listed for a four-day final hearing starting 28 July 2025. The Claimant requested an adjournment on 25 July 2025 due to the Respondent's non-compliance with orders and lack of bundle. Neither party attended the hearing on 28 July 2025. The Tribunal made multiple attempts to contact the Claimant and expressly directed him to attend to discuss his adjournment application, but he failed to attend or engage.
Decision
The Tribunal dismissed all of the Claimant's complaints under rule 47 of the Employment Tribunal Rules of Procedure 2024 due to his failure to attend the hearing. Despite being properly notified of the hearing and given multiple opportunities to attend during the hearing day itself, the Claimant chose not to attend or engage with the Tribunal. The Judge concluded that an adjournment was not appropriate given the Claimant's failure to engage.
Practical note
A claimant who fails to attend a final hearing without adequate explanation, despite express directions to attend and multiple contact attempts by the Tribunal, risks having their entire claim dismissed under rule 47.
Legal authorities cited
Statutes
Case details
- Case number
- 3302986/2024
- Decision date
- 28 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No