Cases3301249/2022

Claimant v Secretary of State for the Home Office

10 January 2025Before Employment Judge FrenchWatfordremote video

Outcome

Claimant fails

Facts

The claimant brought claims against the Home Office dating back to 2021. A final hearing was listed for 9-17 January 2025. On 8 January 2025, the claimant's lay representative emailed stating the claimant's health issues (memory and breathing difficulties following a renal transplant) made conducting the tribunal impossible. The claimant did not attend on 9 or 10 January 2025 and failed to comply with tribunal directions to provide medical evidence supporting unfitness to participate or any formal postponement application.

Decision

The tribunal dismissed the claim under Rule 47 due to the claimant's non-attendance. The tribunal found no proper postponement application had been made, and the medical evidence provided did not establish unfitness to attend or participate. The claimant failed to comply with tribunal directions to provide specific medical evidence or explanation for non-compliance.

Practical note

Claimants seeking postponement of final hearings must provide specific medical evidence addressing fitness to participate and comply with tribunal directions, or risk dismissal under Rule 47 for non-attendance.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2024 Rule 47

Case details

Case number
3301249/2022
Decision date
10 January 2025
Hearing type
dismissal on withdrawal
Hearing days
2
Classification
procedural

Respondent

Sector
central government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep