Claimant v Purple Panda Services Ltd
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim because the claimant did not have two years continuous service, which is a statutory requirement for unfair dismissal claims, and the claimant failed to respond to the tribunal's strike out warning dated 4 November 2024.
The claim was dismissed under Rule 47 following the claimant's failure to attend the hearing on 10 January 2025. The tribunal was satisfied the claimant was aware of the hearing date through notices sent on 31 July 2024 and joining instructions sent the day before, but the claimant did not attend and did not answer telephone enquiries about their non-attendance.
The claim was dismissed under Rule 47 following the claimant's failure to attend the hearing on 10 January 2025. The tribunal was satisfied the claimant was aware of the hearing date through notices sent on 31 July 2024 and joining instructions sent the day before, but the claimant did not attend and did not answer telephone enquiries about their non-attendance.
Facts
The claimant brought claims of unfair dismissal, race discrimination, and religion and belief discrimination against two respondent companies. Neither the claimant nor the respondents attended the hearing on 10 January 2025. The tribunal had previously sent a strike out warning on 4 November 2024 regarding the unfair dismissal claim.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the required two years of continuous service and failed to respond to the strike out warning. The discrimination claims were dismissed under Rule 47 for non-attendance at the hearing, despite the tribunal being satisfied that the claimant had received proper notice.
Practical note
Employment tribunals will dismiss claims under Rule 47 when claimants fail to attend scheduled hearings without explanation, even where respondents also fail to attend, and will strike out claims where statutory eligibility requirements are not met.
Legal authorities cited
Statutes
Case details
- Case number
- 6005415/2024
- Decision date
- 10 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No