Claimant v Gestamp Tallent Ltd
Outcome
Individual claims
Claim struck out under Rule 47 for non-pursuit. The claimant failed to attend the preliminary hearing on 9 July 2025 without explanation, despite knowing of the hearing since 19 March 2025 and not contacting the tribunal.
Facts
The claimant brought a claim against Gestamp Tallent Ltd. A final hearing was scheduled for 9 July 2025, with notice sent on 19 March 2025. The respondent applied for postponement due to witness unavailability. On 27 June 2025, the hearing was converted to a preliminary hearing for case management. The claimant failed to attend the hearing and did not contact the tribunal to explain his absence.
Decision
The tribunal dismissed the claim under Rule 47 of the Employment Tribunal Rules of Procedure 2024 for non-pursuit. The judge found it consistent with the overriding objective to strike out the claim given the claimant's unexplained non-attendance despite having known about the hearing for over three months.
Practical note
Claimants must attend scheduled hearings or risk having their claims struck out for non-pursuit, even if the hearing has been converted from a final hearing to a preliminary hearing.
Legal authorities cited
Case details
- Case number
- 6006449/2025
- Decision date
- 9 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No