Claimant v Omni Facility Management Limited
Outcome
Individual claims
The claim was dismissed under Rule 47 due to the claimant's non-attendance at the hearing. Alternatively, it was struck out under Rule 38(1)(d) for not being actively pursued by the claimant.
Facts
The claimant, Ms D Olaru, brought a claim for unlawful deduction from wages against her former employer, Omni Facility Management Limited. The case was listed for a hearing at London Central Employment Tribunal on 3rd March 2025 via CVP video link. The claimant failed to attend the hearing, despite the respondent being represented by a litigation consultant.
Decision
Employment Judge Anderson dismissed the claim under Rule 47 due to the claimant's non-attendance. As an alternative basis, the claim was struck out under Rule 38(1)(d) for not being actively pursued by the claimant. The claim therefore failed entirely.
Practical note
Claimants must attend scheduled hearings or risk having their claims dismissed for non-attendance or struck out for failure to actively pursue their case.
Legal authorities cited
Statutes
Case details
- Case number
- 6022057/2024
- Decision date
- 3 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No