Claimant v Avalanche Home Improvements Ltd
Outcome
Individual claims
Struck out for non-pursuit. Claimants failed to attend the hearing, failed to provide particularisation of amounts claimed despite tribunal direction dated 19 December 2024, and showed disregard for the seriousness of the proceedings.
Struck out for non-pursuit. Claimants failed to attend the hearing, failed to provide particularisation showing basis of calculation of damages claimed despite tribunal direction, and demonstrated disregard for tribunal time and procedures.
Facts
Three claimants brought claims for unpaid wages and breach of contract against their employer, Avalanche Home Improvements Ltd. The respondent failed to submit a response. The tribunal wrote to the claimants on 19 December 2024 requesting particularisation of their claims, including amounts and basis of calculation, but none of the claimants responded. Miss Kazmi sent an email at 15:58 on 7 January 2025 stating she was unwell but provided no medical evidence and made no postponement application. None of the claimants attended the hearing on 8 January 2025.
Decision
The tribunal struck out all three claims under Rule 47 for non-pursuit. The judge found the claimants showed disregard for the seriousness of the proceedings by failing to comply with directions, failing to provide necessary information, and failing to attend the hearing without proper explanation. The judge noted that the claimants could apply for reconsideration, which might be viewed more favourably if accompanied by the previously requested information.
Practical note
Claimants must comply with tribunal directions and attend scheduled hearings even where a respondent has not entered a response, or risk having their claims struck out for non-pursuit under Rule 47.
Legal authorities cited
Statutes
Case details
- Case number
- 1806347/2024
- Decision date
- 8 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No