Cases2404604/2024

Claimant v SJA Accommodation Limited trading as Francesca's Restaurant

29 May 2025Before Employment Judge ClineManchesterremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Claim dismissed for non-attendance pursuant to Rule 47. Neither party attended the hearing and the Claimant failed to comply with case management directions.

Direct Discrimination(race)struck out

Claim dismissed for non-attendance pursuant to Rule 47. Neither party attended the hearing and the Claimant failed to comply with case management directions.

Direct Discrimination(age)struck out

Claim dismissed for non-attendance pursuant to Rule 47. Neither party attended the hearing and the Claimant failed to comply with case management directions.

Unlawful Deduction from Wagesstruck out

Claim dismissed for non-attendance pursuant to Rule 47. Neither party attended the hearing and the Claimant failed to comply with case management directions.

Facts

Ms Arnado brought claims for unfair dismissal, race discrimination, age discrimination and arrears of pay against SJA Accommodation Limited, trading as Francesca's Restaurant. A case management order was issued on 11 March 2025 containing directions. Neither party complied with the directions. A full merits hearing was listed for 29 May 2025.

Decision

The tribunal dismissed all claims for non-attendance under Rule 47. Neither party attended the hearing. The tribunal attempted to contact the claimant's lay representative, Mr Hall, but was unsuccessful. Neither party had complied with the case management directions.

Practical note

Failure to attend a listed hearing and comply with case management orders will result in claims being struck out under Rule 47, even where the respondent also fails to attend.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 47

Case details

Case number
2404604/2024
Decision date
29 May 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No