Cases3201167/2024

Claimant v Savills Management Resources Limited

22 January 2025Before Employment Judge C LewisEast Londonremote video

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

The claim was struck out under Rule 47 for non-attendance by the claimant at the preliminary hearing. The claimant failed to attend two preliminary hearings (31 October 2024 and 22 January 2025), failed to comply with Employment Judge Drake's order to provide a witness statement by 28 November 2024 explaining her non-attendance, and failed to engage with the tribunal or respondent despite multiple opportunities.

Facts

The claimant was employed as a Front of House Executive from November 2022 to February 2024. She brought a claim of disability discrimination filed in May 2024 after ACAS early conciliation. The claimant failed to attend preliminary hearings on 31 October 2024 and 22 January 2025. Despite Employment Judge Drake's order requiring her to provide a witness statement by 28 November 2024 explaining her non-attendance, she failed to comply. The claimant also failed to provide her new Manchester address or maintain contact with the tribunal.

Decision

Employment Judge Lewis struck out the disability discrimination claim under Rule 47 for non-attendance at the hearing on 22 January 2025. The judge accepted the respondent's submission that the claimant had been given multiple chances: two hearings and an order to explain her absence, with no engagement. The judge considered it proportionate to dismiss the claim rather than adjourn again, noting the claimant could apply for reconsideration within 14 days if she had a valid explanation.

Practical note

Employment tribunals will strike out claims for persistent non-attendance and non-engagement, even at the preliminary hearing stage, particularly where a claimant has failed to comply with previous orders and multiple opportunities have been given.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 47Employment Tribunal Procedure Rules 2024 Rule 3Employment Tribunal Procedure Rules 2024 Rule 69

Case details

Case number
3201167/2024
Decision date
22 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Employment details

Role
Front of House Executive
Service
1 years

Claimant representation

Represented
No