Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
All claims dismissed under Rule 47 for non-attendance at final hearing. Claimant failed to attend the hearing, failed to provide witness statements despite orders, and failed to provide medical evidence supporting postponement requests despite being aware of the hearing since April 2024.
Facts
The claimant brought claims against the Department of Work and Pensions. A final hearing was listed for four days starting 13 January 2025. The tribunal ordered witness statements to be exchanged by 9 January 2025. The respondent complied and attended ready to proceed. The claimant failed to provide witness statements, did not attend the hearing, and sent an email on the morning of the hearing stating she would not attend due to lack of legal representation and mental health issues, but provided no medical evidence.
Decision
The tribunal dismissed all claims under Rule 47. The tribunal found it was not in line with the overriding objective to postpone the hearing further, as the claimant had been aware of the hearing since April 2024, had reasonable time to prepare and secure representation, and provided no medical evidence to support postponement despite being informed this was required.
Practical note
Tribunals will dismiss claims under Rule 47 for non-attendance where a claimant has had adequate notice, fails to comply with case management orders, and provides no credible medical evidence to support postponement requests.
Legal authorities cited
Statutes
Case details
- Case number
- 3312209/2023
- Decision date
- 13 January 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No