Claimant v Port of Dover
Outcome
Individual claims
Claim struck out under Rule 47 for non-attendance. Claimant failed to attend the preliminary hearing, provided no reasons for absence, and had not complied with tribunal order to provide further information. The tribunal considered it inappropriate to proceed with the preliminary issues on the merits given the claimant's complete non-participation.
Facts
The claimant, a merchant seaman, brought claims outside the applicable time limit, stating he was at sea with limited internet access. A preliminary hearing was ordered to determine time limit issues. The tribunal ordered the claimant to provide further information within 28 days. The claimant failed to comply with the order, failed to provide any submissions or evidence, failed to respond to the respondent's bundle, and failed to attend the preliminary hearing without providing any explanation.
Decision
The tribunal struck out the claim under Rule 47 for non-attendance. The judge considered it inappropriate to deal with the preliminary time limit issues on their merits given the claimant's complete failure to participate in the proceedings and the lack of clarity about what claims he intended to bring.
Practical note
Unrepresented claimants must actively engage with tribunal processes and attend hearings; complete failure to participate will result in strike-out under Rule 47 even where substantive issues remain undetermined.
Legal authorities cited
Statutes
Case details
- Case number
- 2303881/2024
- Decision date
- 23 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Port of Dover
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No