Cases6005415/2024

Claimant v Purple Panda Services Ltd

10 January 2025Before Employment Judge BensonLiverpoolremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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.

Direct Discrimination(race)dismissed on withdrawal

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.

Direct Discrimination(religion)dismissed on withdrawal

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

Employment Tribunal Procedure Rules 2024 Rule 47

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