Claimant v Downey's Seafood Limited
Outcome
Claimant fails
Individual claims
Otherstruck out
The claims were struck out under Rule 38(1)(d) because they had not been actively pursued by the claimant, who failed to attend the hearing.
Facts
R Dunn brought claims against Downey's Seafood Limited. The tribunal listed a hearing for 12 June 2025 at Newcastle. Neither the claimant nor the respondent attended the hearing.
Decision
Employment Judge Newburn proceeded in the absence of both parties under Rule 47 and struck out the claimant's claims under Rule 38(1)(d) on the basis that they had not been actively pursued by the claimant.
Practical note
Claimants who fail to attend hearings and actively pursue their claims risk having them struck out by the tribunal.
Legal authorities cited
Statutes
Employment Tribunal Rules of Procedure 2024 Rule 38(1)(d)Employment Tribunal Rules of Procedure 2024 Rule 47
Case details
- Case number
- 6010538/2025
- Decision date
- 12 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No