Cases3303030/2024

Claimant v Alliance Automotive UK LV Limited

25 July 2025Before Employment Judge CoddCambridgeremote video

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim dismissed for failure to comply with unless order requiring the claimant to inform the Tribunal of his intention to pursue the claim and explain his failure to attend the preliminary hearing on 21 February 2025. Claimant failed to respond by the 27 March 2025 deadline and did not attend the subsequent hearing.

Facts

The claimant worked as a parts advisor for the respondent from October 2022 to November 2023. He filed a claim in March 2024. He failed to attend a preliminary hearing on 21 February 2025, leading Employment Judge Moore to issue an unless order requiring him to confirm his intention to pursue the claim and explain his absence by 27 March 2025. The claimant did not comply with this order and failed to attend the subsequent hearing on 25 July 2025.

Decision

Employment Judge Codd dismissed the claim under Rule 39 of the Employment Tribunal Rules of Procedure 2024 for failure to comply with the unless order. The claimant had not responded to the order by the deadline, had not attended the hearing, and attempts to contact him were unsuccessful.

Practical note

Unless orders carry automatic sanctions: failure to comply by the specified deadline results in dismissal of the claim without further order, and claimants who disengage from the process face inevitable dismissal.

Legal authorities cited

Statutes

Rule 39 Employment Tribunal Rules of Procedure 2024

Case details

Case number
3303030/2024
Decision date
25 July 2025
Hearing type
dismissal on withdrawal
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
in house

Employment details

Role
parts advisor
Service
1 years

Claimant representation

Represented
No