Claimant v Portsonachan Wilderness Lodges Limited
Outcome
Individual claims
Claim dismissed under Rule 47 because claimant failed to attend the preliminary hearing without explanation despite confirming attendance and having recently engaged with the tribunal.
Facts
A preliminary hearing was scheduled to determine the identity of the claimant's employer. The claimant had previously been assisted by Citizens Advice Bureau but was acting as a litigant in person at the hearing. He confirmed attendance the night before the hearing but failed to appear without explanation on the day.
Decision
The tribunal dismissed the claim under Rule 47 for the claimant's non-attendance. The judge noted the claimant's recent engagement made the absence unexpected, but found it impossible to proceed with a disputed factual matter requiring evidence from both parties.
Practical note
A claimant who confirms attendance but fails to appear at a preliminary hearing without explanation risks having their entire claim dismissed under Rule 47, though they retain the right to apply for reconsideration.
Legal authorities cited
Case details
- Case number
- 4106683/2024
- Decision date
- 13 January 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No