Claimant v Eric Chiong
Outcome
Individual claims
All claims dismissed under rule 47 for non-attendance. The claimant failed to attend the hearing without explanation, failed to attend a previous preliminary hearing, and failed to comply with case management orders requiring provision of documents and witness statement.
Facts
The claimant worked in Southport from 21 December 2023 to 4 April 2024, but it was unclear which of three respondents employed him. A preliminary hearing was scheduled to determine employment status and which entity engaged him. The claimant failed to comply with case management orders, did not provide documents or witness statements, had no contact with respondents since August 2024, and failed to attend two hearings without explanation.
Decision
The tribunal dismissed all claims under rule 47 for non-attendance. The judge found no reason given for the claimant's absence, noted the claimant's repeated failures to engage with the process, and concluded it would not be just and equitable to adjourn a third time given the respondent had prepared fully and travelled from Scotland.
Practical note
A claimant who fails to attend hearings without explanation and does not comply with case management orders risks having their entire claim dismissed under rule 47, even at a preliminary stage before substantive issues are determined.
Legal authorities cited
Statutes
Case details
- Case number
- 2403252/2024
- Decision date
- 26 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Eric Chiong
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 3 months
Claimant representation
- Represented
- No