Claimant v Blue Heart Clinics Ltd
Outcome
Individual claims
Claim dismissed under Rule 47 for non-attendance. Claimant failed to attend a preliminary hearing for case management after previously postponing an earlier hearing. The tribunal could not proceed without the claimant's input to understand the nature of her complaints.
Facts
The claimant filed a disability discrimination claim on 31 January 2024. A preliminary hearing for case management scheduled for 21 October 2024 was postponed at the claimant's request. A second preliminary hearing was listed for 19 February 2025. The claimant emailed at 12:45pm on the day of the hearing stating she was unable to attend due to an unspecified family emergency. She did not request a postponement or provide detailed explanation or indicate future availability.
Decision
The tribunal dismissed the claim under Rule 47 for non-attendance. The judge determined that a further postponement or strike-out warning was inappropriate given previous delays, the claimant's failure to complete case management documentation, lack of satisfactory explanation for absence, and the expenditure of time and costs by the respondents and tribunal. The tribunal could not proceed without the claimant's input to clarify the nature of her complaints.
Practical note
Repeated non-attendance at case management hearings without satisfactory explanation and failure to engage with case management processes can result in immediate dismissal under Rule 47 even without a prior strike-out warning.
Legal authorities cited
Statutes
Case details
- Case number
- 3301413/2024
- Decision date
- 19 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No