Claimant v Hoi Barbers Ltd
Outcome
Individual claims
The claim was dismissed under Rule 47 due to the claimant's failure to attend the preliminary hearing. The tribunal found the claim insufficiently specified and the claimant had insufficient service for unfair dismissal. No response was received to attempts to contact the claimant.
Facts
The claimant alleged disability discrimination related to anxiety and panic attacks, claiming she was dismissed out of the blue by her manager who made comments about her ability to process information. The respondent denied the claim, disputed she was disabled or had notified them of disability, and asserted she resigned rather than being dismissed. The claimant had insufficient qualifying service for unfair dismissal.
Decision
The tribunal dismissed the claim under Rule 47 after the claimant failed to attend the preliminary hearing and did not respond to attempts to contact her. The judge found the claim insufficiently specified and believed that simply ordering further particulars without explanation would not serve the overriding objective. The judge noted a reconsideration application could be made if there was a good reason for non-attendance.
Practical note
Unrepresented claimants who fail to attend preliminary hearings without notification risk having their claims dismissed under Rule 47, particularly where the claim lacks sufficient specification to proceed.
Legal authorities cited
Case details
- Case number
- 8001540/2024
- Decision date
- 15 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Hoi Barbers Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No