Claimant v NHS Professionals Limited
Outcome
Individual claims
Claim struck out under rule 47 for non-pursuit. The claimant failed to attend the preliminary hearing, failed to respond to tribunal orders requiring further information about her disability claim, and had no contact with the tribunal or respondent for an extended period, indicating the claim was no longer being actively pursued.
Facts
The claimant filed a disability discrimination claim on 5 June 2024. The tribunal ordered further information about her disability on 19 March 2025, with a deadline of 16 April 2025. The claimant provided no response. She failed to attend the preliminary hearing on 17 June 2025, and had no contact with the tribunal or respondent for an extended period despite multiple attempts to reach her.
Decision
The tribunal dismissed the claim under rule 47 for non-attendance at the hearing. The judge concluded that the available evidence pointed to the claim no longer being actively pursued, as the claimant had failed to comply with tribunal orders, failed to respond to communications, and failed to attend the hearing. A postponement or adjournment would serve no useful purpose.
Practical note
Claimants who fail to engage with tribunal proceedings and fail to attend hearings without explanation risk having their claims struck out under rule 47, particularly where there is a pattern of non-response to orders and communications.
Legal authorities cited
Case details
- Case number
- 3305669/2024
- Decision date
- 17 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No