Claimant v Surya Hotels

Outcome

Facts

Miss Pilitowska worked as a chef for Surya Hotels from March to September 2023. She filed claims of unfair dismissal, race discrimination and whistleblowing in August 2024, over 8 months after receiving her ACAS certificate, raising time limit concerns. She failed to provide further particulars when requested by the tribunal in October 2024 and had no contact with the tribunal or respondent thereafter.

Decision

The tribunal dismissed all claims under rule 47 for non-attendance. The claimant failed to attend the video hearing, did not respond to telephone calls or emails, had not provided requested further particulars, and had shown no engagement with the proceedings for months. The judge determined that dismissal was appropriate despite being a draconian sanction, as the claim could not progress without the claimant's participation.

Practical note

Legal authorities cited