Cases6002173/2025

Claimant v Simply Serve Ltd

9 June 2025Before Employment Judge WoodheadBristolremote telephone

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim dismissed under Rule 47 for non-attendance. Claimant failed to attend preliminary hearing despite notice given on 25 February 2025 and reminder on 8 May 2025. Claimant failed to comply with tribunal order, failed to engage with respondent, and failed to attend hearing despite indicating she would do so.

Facts

The claimant filed a claim on 21 January 2025 and was given notice of a preliminary hearing for case management on 25 February 2025. The claimant failed to comply with a tribunal order dated 8 May 2025 to provide further particulars and did not respond to correspondence from the respondent dated 27 May and 5 June 2025. On the day of the hearing, 9 June 2025, the claimant told tribunal clerks she would join but never did despite having the joining instructions.

Decision

The tribunal dismissed the claim under Rule 47 for non-attendance. The judge concluded it was in the interests of justice to dismiss because the claimant had been given proper notice, had been reminded of the hearing, failed to comply with orders, failed to engage with the respondent, and failed to attend despite indicating she would.

Practical note

Persistent non-engagement with tribunal processes and failure to attend a hearing despite confirmation will result in dismissal under Rule 47.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 47

Case details

Case number
6002173/2025
Decision date
9 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No