Claimant v Simon Wilson deputy for Thomas Bailey
Outcome
Individual claims
Struck out pursuant to rule 47 of the Employment Tribunals Procedure Rules 2024 for non-pursuit. Claimant did not attend the hearing and had not requested postponement. Tribunal satisfied claimant voluntarily absented himself, likely because a settlement agreement had been reached after the claim was filed.
Facts
Mr Barsby brought an employment claim against Simon Wilson as deputy for Thomas Bailey. After the claim was filed, a settlement agreement was reached. The claimant did not attend the hearing scheduled for 14 February 2025 and had not requested postponement or withdrawn the claim.
Decision
Employment Judge Tobin struck out the claim under rule 47 for non-pursuit. The claimant failed to attend the remote hearing despite being properly notified. The tribunal found he had voluntarily absented himself, likely because the case had been resolved through settlement.
Practical note
Claimants who reach settlement after filing claims must formally withdraw proceedings or risk strike-out for non-pursuit if they fail to attend hearings.
Legal authorities cited
Statutes
Case details
- Case number
- 6005788/2024
- Decision date
- 14 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No