Outcome
Individual claims
All claims struck out under Rule 38(1)(e) of the 2024 Rules because the claimant failed to attend the preliminary hearing despite reasonable enquiries, and the tribunal considered it was no longer possible to have a fair hearing of any of the claims.
Facts
The claimant brought claims against John Lewis Plc and two individual respondents. A preliminary hearing was scheduled for 4 March 2025 at East London Hearing Centre. The claimant failed to attend the hearing and was not represented. The tribunal made reasonable enquiries to ascertain the reason for non-attendance but the claimant did not respond to calls and his representative could not be contacted.
Decision
The tribunal proceeded in the claimant's absence under Rule 47 of the 2024 Rules and struck out all claims against all respondents under Rule 38(1)(e) on the respondents' application. The tribunal was satisfied it was no longer possible to have a fair hearing and that the claimant had been given reasonable opportunity to make representations against strike out.
Practical note
Failure to attend a preliminary hearing without explanation, despite reasonable enquiries by the tribunal, can result in strike out of all claims under Rule 38(1)(e) where a fair hearing is no longer possible.
Legal authorities cited
Statutes
Case details
- Case number
- 3203189/2024
- Decision date
- 5 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- John Lewis Plc
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No