Ms G HennebryClaimantDelamode Anglia LtdRespondent
Before
Employment Judge Emery
Members
Ms S HarwoodMr T BrownNot represented for claimantMs C Wraight for respondentDate 3 June 2026
JUDGMENT
The judgment of the Tribunal is as follows: All claims are dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024.
REASONS
[1]This hearing was to decide the claim. It was listed to take place by cvp in a notice of hearing sent to the parties by email on 17 April 2026. The link to the video (cvp) hearing room was sent to the parties by email on 1 May 2026.[2]The claimant failed to turn up to a previous hearing on 6 November 2025.[3]On the morning of the hearing the claimant was contacted by email and phoned by the Tribunal. She did not pick up her phone or respond to emails.[4]It was the respondent’s position that the claimant has failed to attend, the Tribunal has made enquires that are practicable about the reason for the claimant's absence.
The Law
[5]The Employment Tribunals Procedure Rules 2024 – Rule 47: Non-attendance If a party fails to attend or be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party's absence.[6]Roberts v Skelmersdale College [2003] EWCA Civ 954: The Court of Appeal stated that the tribunal has a wide discretion to dismiss a claim in the absence of a party, provided that it exercises its discretion properly and fairly. The Tribunal is under no obligation to investigate the merits, or lack of merits, of the claim before doing so.[7]Cooke v Glenrose Fish Co Ltd [2004] IRLR 866, EAT: The EAT stated that the tribunal should seek to contact the claimant to find out why they have not attended – this is “the best approach”, and should also ask the parties whether the claimant has given a reason for non-attendance. Conclusions on the evidence and the law[8]The claimant is aware of today’s hearing. She has made no contact with the tribunal or the parties to say she could not attend, and has not responded to the tribunal’s attempts to contact her.[9]It is possible that the claimant has a reason for her non-attendance, and her failure to inform the parties and the tribunal of her non-attendance, for example a medical emergency. If so, she may apply for a review of this decision within the appropriate timescale and with relevant evidence (medical, or other) in support of her application.[10]But in the absence of any evidence of a good reason, and because the claimant has failed to respond to the Tribunal’s attempts to contact, I consider that it is appropriate, in exercising my discretion, to strike out the claims. Approved by: