Claimant v Plaza Premium Lounge (UK) Limited
Outcome
Individual claims
Claim struck out under rule 47 due to claimant's total non-engagement with proceedings, failure to attend hearing, and failure to comply with case management orders. Judge noted claim appeared out of time and subject to jurisdictional bar.
Claim struck out under rule 47 due to claimant's complete failure to engage with proceedings. Claimant failed to provide ordered further information clarifying nature of discrimination complaints, failed to identify detriments or comparators, and did not attend hearing despite notice.
Notice pay claim struck out under rule 47 for non-pursuit. Claimant showed total disengagement, failing to respond to any correspondence, comply with orders, or attend hearing.
Holiday pay claim struck out under rule 47 for non-pursuit. Claimant demonstrated complete abandonment of claim through ongoing total disengagement with tribunal process.
Facts
Claimant was employed as kitchen assistant/porter from December 2017 until dismissal without notice on 19 January 2024. He filed claims for unfair dismissal, race discrimination, notice pay and holiday pay in April 2024. The race discrimination complaints related to interpreter issues during disciplinary proceedings, though the precise nature of the discrimination alleged was unclear. After filing the claim, the claimant completely disengaged from proceedings, failing to comply with case management orders, respond to correspondence, or attend the preliminary hearing.
Decision
The tribunal dismissed all claims under rule 47 due to the claimant's total non-engagement. Despite being sent proper notice of the hearing and case management orders requiring further information about his race discrimination claims, the claimant failed to respond to any correspondence, comply with orders, or attend the hearing. The judge was satisfied the claim had been abandoned and dismissal was in the interests of justice.
Practical note
Tribunals will strike out claims under rule 47 where there is evidence of complete and ongoing disengagement by a claimant, particularly where there is no sporadic engagement or evidence of genuine difficulty participating in proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 3304200/2024
- Decision date
- 20 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- kitchen assistant/porter
- Service
- 6 years
Claimant representation
- Represented
- No