Claimant v Sidra Domiciliary Care Ltd
Outcome
Individual claims
Struck out for non-pursuit. The claimant failed to attend the hearing without explanation and had not complied with case management orders, leading the tribunal to conclude the claimant was not intending to pursue proceedings.
Struck out for non-pursuit. The claimant failed to attend the hearing without explanation and had not complied with case management orders, leading the tribunal to conclude the claimant was not intending to pursue proceedings.
Struck out for non-pursuit. The claimant failed to attend the hearing without explanation and had not complied with case management orders, leading the tribunal to conclude the claimant was not intending to pursue proceedings.
Facts
The claimant brought claims for breach of contract (notice pay), holiday pay under the Working Time Regulations, and unlawful deduction from wages against her former employer, a domiciliary care company. The claimant failed to attend the hearing scheduled for 7 January 2025 and provided no explanation for her absence. The tribunal noted that the claimant had also failed to comply with previous case management orders.
Decision
Employment Judge Martin dismissed all claims for non-pursuit. The judge concluded that the claimant's non-attendance without explanation, combined with her failure to comply with tribunal orders, demonstrated that she was not intending to pursue the proceedings.
Practical note
Claimants must attend scheduled hearings and comply with case management orders or risk having their claims struck out for non-pursuit, even where the respondent also fails to attend.
Case details
- Case number
- 6007759/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No