Claimant v Samuel Smith Old Brewery (Tadcaster)
Outcome
Individual claims
Claim struck out under Rule 47 after claimant failed to attend the hearing on 27 January 2025. Claimant had applied for postponement on 22 January 2025 which was refused on 24 January 2025, but did not attend or provide written representations.
Facts
The claimant brought an employment claim against Samuel Smith Old Brewery. The hearing was listed for 27 January 2025 following a notice dated 16 May 2024. On 22 January 2025, the claimant applied for a postponement without copying it to the respondent in breach of Rule 90 and without providing supporting evidence. This postponement application was refused on 24 January 2025. The claimant did not attend the hearing and did not provide any written representations.
Decision
The tribunal struck out the claim under Rule 47 due to the claimant's non-attendance at the hearing. The claimant had unsuccessfully applied for a postponement days before, which was refused, but still failed to attend or engage with the proceedings.
Practical note
Claimants must attend scheduled hearings and comply with procedural rules including Rule 90 when making postponement applications, otherwise their claims risk being struck out for non-pursuit.
Case details
- Case number
- 2301926/2024
- Decision date
- 27 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No