Claimant v Barchester Healthcare Limited
Outcome
Individual claims
Claim dismissed under Rule 47 due to claimant's failure to attend or be represented at the scheduled preliminary hearing. The claimant had not responded to multiple attempts by respondent's solicitors to contact her, failed to comply with tribunal orders, and did not request a postponement.
Claim of detriment under Section 45A(f) ERA 1996 dismissed under Rule 47 due to claimant's non-attendance at hearing. The tribunal found it appeared likely the claimant had abandoned her claims given her lack of response to all communications and non-compliance with orders.
Facts
The claimant was 17 when she started working as a kitchen assistant for Barchester Healthcare in 2022. Between autumn 2022 and May 2023, she worked some shifts exceeding eight hours, which is prohibited for under-18s. She raised this issue and her duties were adjusted. Her employment ended in 2023. Approximately 15 months later, she contacted ACAS and filed a claim for breach of Working Time Regulations and detriment. The respondent argued the claims were significantly out of time.
Decision
The tribunal dismissed both claims under Rule 47 due to the claimant's failure to attend the preliminary hearing. The claimant had not responded to multiple contact attempts by the respondent's solicitors or the tribunal, failed to comply with case management orders, and made no postponement application. The judge acknowledged the claimant's young age and health might have been relevant to the time limit issue, but concluded it appeared she had abandoned her claims and it was not fair to leave the respondent in uncertainty.
Practical note
Even where a claimant's personal circumstances (youth, health) might assist with difficult time limit issues, complete non-engagement with the tribunal process will result in dismissal under Rule 47, with the option to apply for reconsideration only if there is a very good reason for the failure to attend.
Legal authorities cited
Statutes
Case details
- Case number
- 6001835/2024
- Decision date
- 10 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- kitchen assistant
- Service
- 1 years
Claimant representation
- Represented
- No