I Halian v Nine Gates Ltd T/a Booffi Ltd: 4103768/2025
JUDGMENT
The Judgment of the Employment Tribunal is that the claim is dismissed due to the failure of the claimant to attend at the Hearing, without any reason for her non-attendance, under Rule 47 of the Employment Tribunals Rules of Procedure 2024.REASONS
[1]A Hearing was listed to take place on 22 January 2026 at the Employment Tribunal, Edinburgh. Notices of Hearing were issued to the parties by email on 18 November 2025.[2]The respondent attended at the Hearing, and were represented by Mr Hendry.[3]The claimant had not attended by the scheduled start time of the Hearing, 10am. The clerk telephoned the claimant, who advised that she could not ETZ4(WR) understand English and that an email should be sent. She did not give any indication that she intended to attend.[4]At 10.16am, I was advised by the clerk that no reply had been received from the claimant. No reason was given by her for her non-attendance.[5]The Hearing therefore convened, and Mr Hendry applied for dismissal of the claim under Rule 47 of the Employment Tribunals Rules of Procedure 2024.[6]I take into account that there was no reason to believe that the claimant would not attend at the Hearing. She had previously communicated with the Tribunal in response to correspondence. The respondent was unable to provide any further information as to the claimant’s intentions.[7]Accordingly, I considered that the claimant had failed to attend the hearing, without any good reason, and in these circumstances, I determined that the claim should be dismissed.[8]It will be open to the claimant to apply for reconsideration of this Judgment is there was a good reason for her failure to attend, and if so, she must do so in writing within 14 days of the date of this Judgment.