Miss K Kluza v EasyJet Airline Company Ltd: 3312555/2023
JUDGMENT
Employment Tribunals Procedure Rules 2024 – rule 47 The claimant’s claim is dismissed under rule 47.REASONS
[1]The claimant Miss Kluza was employed by the respondent from 14 February 2023 to 29 August 2023. She presented an employment tribunal claim against the respondent on 1 November 2023. In her claim form she named solicitors as her representatives but subsequently she began representing herself.[2]Unfortunately, there was a lengthy delay in arranging a preliminary hearing to progress the claim. It appears that the delay might have arisen as a result of an administrative oversight by the tribunal. The oversight was brought to the tribunal’s attention by the respondent’s representative who telephoned the tribunal on 27 March 2026.[3]Once the tribunal became aware of the oversight, a preliminary hearing was arranged for the first available date. A notice of the preliminary hearing was a copy of the standard case management agenda with an instruction for the parties to try to agree the agenda and to return it to the tribunal seven days before the hearing.[4]The respondent’s representative tried to contact the claimant to discuss the agenda as directed by the tribunal. They first contacted the claimant’s former Page 1 of 3 solicitors. The claimant’s former solicitors confirmed that they are no longer representing the claimant and that they have not been for some time. The respondent’s representative then tried to contact the claimant herself, by email and text message, using the information given on the claim form. They also sent a copy of the proposed agenda to the claimant by post. They have not received a response from the claimant to any of their communications.[5]From the information on the tribunal’s digital file, it seems that the claimant last contacted the tribunal on 18 June 2024.[6]The link for today’s video hearing was sent the parties by email on 7 July 2026.[7]The preliminary hearing took place today before me, by video. It was due to start at 14.00. By 14.00 the claimant had not joined. The clerk to the hearing tried to reach the claimant on her phone but it did not connect and there was no facility to leave a message. The clerk sent an email to the claimant asking her whether she was intending to join the hearing. No reply was received.[8]By 14.20 the claimant had not contacted the tribunal or joined the hearing.[9]The tribunal and the respondent’s representative have made enquiries and attempts to contact the claimant but have not been able to reach her. There was no information available to me about why the claimant has not attended today.[10]I decided that the claim should be dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024. This rule applies where a party fails to attend or be represented at a hearing. I decided this was the appropriate step to take because, given the lack of contact from the claimant, it seems that she has decided not to pursue her claim.[11]The dismissal under rule 47 brings the claim to an end. This decision can be reconsidered if there is a good reason why Miss Kluza was unable to attend today. If Miss Kluza wants to ask me to reconsider this decision, she must write to the tribunal and the respondent’s representative within 14 days of the date this judgment and reasons is sent to the parties, explaining why she did not attend and why she did not let the tribunal know that she was unable to attend. Approved by: