Claimant v Kensington International Ltd
Outcome
Individual claims
Claim dismissed under rule 47 for non-attendance. Claimant failed to attend the hearing, did not comply with tribunal orders, and had not been in contact with the tribunal since presenting the claim.
Facts
Mr Wong brought a claim against Kensington International Ltd but failed to engage with the tribunal after filing. The tribunal sent notice of hearing on 19 December 2024 to his email address, which he claimed not to have received. He contacted the respondent on 16 January 2025 with an alternative email but did not inform the tribunal. The respondent sent him the hearing bundle by post and email on 20 February 2025. Mr Wong did not attend the hearing on 27 February 2025 and did not respond to attempts to contact him on the day.
Decision
Employment Judge Hawksworth dismissed the claim under rule 47 for non-attendance. The judge considered that despite the claimant being unrepresented and English possibly not being his first language, his complete lack of engagement with the tribunal and failure to update contact details justified dismissal. The respondent's costs application was refused, taking into account the claimant's unrepresented status and potential language difficulties.
Practical note
Unrepresented claimants must maintain contact with the tribunal and keep their contact details up to date; failure to attend a hearing without explanation will result in dismissal even where language barriers may exist.
Legal authorities cited
Statutes
Case details
- Case number
- 3305452/2024
- Decision date
- 27 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No