Claimant v Aneetra Keen
Outcome
Individual claims
The claim was dismissed under rule 47 due to the claimant's non-attendance at the preliminary hearing on 28 February 2025. The claimant had not communicated with the tribunal since her representative came off record and when contacted by telephone stated she was not aware of any tribunal claim or the hearing.
Facts
The claimant filed a race discrimination claim in August 2023 against employees of The Freemantle Trust charity, initially represented by Mr David Ofosu-Appiah. After the representative came off record in April 2024, the claimant provided no further contact details and ceased all communication with the tribunal. A preliminary hearing was scheduled for 28 February 2025, but the claimant did not attend. When contacted by telephone, she stated she was unaware of any tribunal claim or hearing and did not know The Freemantle Trust.
Decision
Employment Judge Bansal dismissed the claim under rule 47 of the Employment Tribunals Procedure Rules 2024 due to non-attendance. The judge considered the complete lack of communication from the claimant since her representative withdrew, her statement of being unaware of the claim, the interests of the respondents, and the tribunal's duty to save costs and resources. The judge concluded it was appropriate and proportionate with the overriding objective to exercise discretion to dismiss.
Practical note
A tribunal may dismiss a claim under rule 47 where a claimant fails to attend a preliminary hearing and has ceased all communication with the tribunal, particularly where the claimant disavows knowledge of the proceedings when contacted.
Legal authorities cited
Statutes
Case details
- Case number
- 3309714/2023
- Decision date
- 28 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Aneetra Keen
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No