Ms T K Stuart v The Royal Parks Ltd: 2204682/2022
JUDGMENT
[1]The claimant’s claim is dismissed under Rule 47 Employment Tribunal Rules of Procedure 2013 following her failure to attend the preliminary hearing today.[2]When deciding to dismiss the claim under Rule 47, I considered the following information:- 2.1. The claimant had been sent a notice of the hearing in respect of today to the email address provided on her claim form; 2.2. No reasons have been provided by the claimant to explain her absence; 2.3. The Tribunal was unable to telephone the claimant, as she had provided no telephone contact number in her claim form; 2.4. The claimant attended a case management hearing by telephone with Employment Judge Keogh on 13 October 2022. She had received notice of that case management hearing which was sent to the same address and email as stated on her claim form; 2.5. At the case management hearing on 13 October 2022, the claimant was informed orally of the preliminary hearing to take place today and she confirmed her availability; Case Number: 2204682/2022 2.6. The tribunal sent to the claimant the case management order of Employment Judge Keogh and the notice of preliminary hearing on 13 and 14 October respectively, by way of the email address stated on her claim form; 2.7. No correspondence has been received from the claimant since her claim was filed. She failed to comply with the case management orders of Employment Judge Keogh. She has not responded to any of the emails from the respondent's representative which was sent both to the email address stated in her ET1 and a contact email address which the respondent had for her on its file. A copy of one of those emails was shown to me today; 2.8. An email was sent to the claimant by the Tribunal at the contact email address provided to it by the respondent on 25 January 2023 with the CVP joining details for today's hearing; 2.9. Between 9:45 AM and 10 AM today the Tribunal sent emails to the claimant to both the email address on her claim form and the alternative email address provided to it by the respondent today but no response was received to those emails; 2.10. The preliminary hearing today was listed to last for one day from 10:00am; and 2.11. The Tribunal waited until 11 AM but the claimant did not attend the hearing or respond to the Tribunal’s request for her to make contact.[3]In all the circumstances, I consider that it is in accordance with the overriding objective to dismiss the claim under Rule 47.