Claimant v JD Wetherspoon PLC
Outcome
Individual claims
Claim struck out under rule 47 for non-pursuit after claimant failed to attend the hearing despite being given additional time, failed to attend the previous hearing, and failed to respond to tribunal correspondence requesting reasons and warning of potential strike out.
Facts
The claimant brought employment tribunal claims against JD Wetherspoon plc. The claimant failed to attend a previous hearing and did not respond to tribunal correspondence requesting reasons and warning of potential strike out. At the hearing on 7 February 2025, conducted by telephone, the claimant and/or his representative (his mother) again failed to attend despite being given an additional 30 minutes to do so.
Decision
The tribunal struck out the claimant's claims under rule 47 due to non-pursuit. This decision was based on the claimant's repeated failure to attend hearings and failure to respond to tribunal correspondence despite being warned of potential strike out.
Practical note
Tribunals will strike out claims under rule 47 where a claimant demonstrates persistent non-engagement through failing to attend hearings and ignoring correspondence warning of strike out.
Legal authorities cited
Case details
- Case number
- 1306926/2023
- Decision date
- 7 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No