Cases1804253/2021

Claimant v WM Morrison Supermarkets Limited

27 January 2025Before Employment Judge FaulknerMidlands West

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim dismissed on 25 May 2023 for non-compliance with unless order made by Employment Judge Wedderspoon on 19 May 2023. Claimant's application to set aside the unless order was dismissed on 27 January 2025 as the claimant did not attend the hearing and provided no explanation for her absence.

Facts

The claimant brought employment tribunal proceedings against Morrison Supermarkets. On 19 May 2023, Employment Judge Wedderspoon made an unless order requiring the claimant to comply with certain requirements. The claimant failed to comply and the claim was dismissed on 25 May 2023. The claimant applied to set aside the unless order, and a preliminary hearing was scheduled for 27 January 2025.

Decision

The claimant failed to attend the preliminary hearing on 27 January 2025 without explanation. The tribunal dismissed her application to set aside the unless order. The claim therefore remains dismissed in its entirety.

Practical note

Failure to attend a hearing to set aside an unless order, without explanation, will result in the application being dismissed and the claim remaining struck out.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 39(2)

Case details

Case number
1804253/2021
Decision date
27 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No