Claimant v Sayeda Logistics Ltd
Outcome
Individual claims
Claim struck out under rule 47 for claimant's non-attendance at final hearing. Claimant failed to attend, failed to comply with case management orders, and had not actively pursued the claim. No evidence provided in support of claim.
Facts
The claimant Mr Iqbal brought employment tribunal proceedings against Sayeda Logistics Ltd. The case was listed for final hearing on 29 January 2025 via video hearing. The claimant failed to attend the hearing without explanation and did not respond to the tribunal's telephone calls. The respondent confirmed the claimant had not complied with any case management orders made on 11 September 2024 and had not actively pursued his claim. The claimant had provided no evidence in support of his claim.
Decision
Employment Judge French dismissed the claim under rule 47 of the Employment Tribunal Procedure Rules 2024 due to the claimant's non-attendance. The tribunal was satisfied the claimant had received notice of the hearing, waited 20 minutes beyond the start time, made enquiries about the absence, but could not proceed without the claimant's evidence and concluded dismissal was appropriate given the failure to comply with orders and pursue the claim.
Practical note
Tribunals will strike out claims under rule 47 where claimants fail to attend final hearings without explanation, particularly where there is also a pattern of non-compliance with case management orders and failure to actively pursue the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3300387/2022
- Decision date
- 29 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No