Claimant v Hygiene Contracts Ltd
Outcome
Individual claims
Claim struck out under Rule 47 for non-pursuit. The claimant failed to attend the case management preliminary hearing on 2 April 2025 despite being sent notice, and did not respond to multiple attempts by the Tribunal to contact her by telephone and email. The tribunal found it in accordance with the overriding objective to dismiss the claim.
Facts
Natasha Stevens brought a claim against Hygiene Contracts Ltd. A case management preliminary hearing was scheduled for 2 April 2025 to be held remotely via CVP. The claimant was properly notified of the hearing but did not attend. The tribunal made multiple attempts to contact her by telephone and email between 10.10 and 10.30 on the hearing day but received no response. The respondent's HR consultant attended and confirmed she had emailed the claimant an agenda on 25 March 2025 which had been read.
Decision
Employment Judge Othen dismissed the claim under Rule 47 of the Employment Tribunal Procedure Rules 2024 following the claimant's failure to attend the case management hearing. The judge found it in accordance with the overriding objective to dismiss the claim given the claimant had been properly notified, had not responded to multiple contact attempts, and had provided no explanation for her absence.
Practical note
Tribunals will strike out claims under Rule 47 for non-attendance at case management hearings where claimants have been properly notified and fail to respond to contact attempts without explanation.
Legal authorities cited
Statutes
Case details
- Case number
- 6017619/2024
- Decision date
- 2 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No