Cases2501268/2024

Claimant v Aerospace Metrology & Electromechanical Calibration Limited

19 March 2025Before Employment Judge L BrownNewcastleremote video

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesstruck out

Claim struck out under rule 47 for non-attendance at final hearing. Claimant failed to attend the third scheduled final hearing date despite having notice, failed to comply with case management orders requiring production of documents, witness statements and schedule of loss, and applied for postponement only after business hours on the day before the hearing without explaining steps taken to attend or when available for relisting.

Facts

The claimant brought a claim apparently concerning wage issues against her employer, an aerospace calibration company. The case was listed for final hearing three times (19 August 2024, 15 November 2024, and 19 March 2025). The claimant failed to comply with any case management orders requiring disclosure of documents, witness statements, or quantification of her claim. On 18 March 2025 at 6:33pm, she emailed requesting postponement saying she could not get out of work. She did not attend the final hearing on 19 March 2025 despite tribunal attempts to contact her.

Decision

Employment Judge T Brown dismissed the claim under rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance. The judge found that the claimant had been given four months' notice, had failed to comply with case management orders on two separate occasions, made a very late postponement request without explaining steps taken to attend or future availability, and had shown insufficient seriousness about prosecuting her claim. Despite acknowledging the claimant might have valid criticisms of the respondent's wage handling, the judge concluded re-listing a fourth time was not appropriate.

Practical note

A tribunal will strike out a claim for non-attendance even where the claim may have merit if the claimant repeatedly fails to comply with case management orders, does not attend multiple listed hearings, and makes late postponement requests without adequate explanation or engagement with the process.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 47

Case details

Case number
2501268/2024
Decision date
19 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
manufacturing
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No