Miss R Galea v PP Management Ltd: 6007585/2026
JUDGMENT
[1]The claimant’s claim is dismissed under rule 47 of the Employment Tribunal Procedure Rules.[2]The respondent’s application for costs and/or a preparation time order is not determined today. Directions are made below for that application to be dealt with in writing.REASONS
[1]This case was listed for a two-day final hearing on 9 and 10 July 2026. The claimant did not attend the hearing. The clerk attempted to contact the claimant by telephone and by email. No response was received.[2]I am satisfied that the claimant had notice of the hearing. The hearing date had been notified in the Tribunal’s earlier orders. The CVP joining details were also sent to the parties. The claimant has provided no explanation for her non-attendance.[3]I considered whether to adjourn the hearing, whether to proceed to hear evidence in the claimant’s absence, or whether to dismiss the claim under rule 47. In doing so, I took account of the overriding objective, including the need to deal with cases fairly and justly, the prejudice to both parties, and the procedural history of the case. Case Number: 6007585/2026[4]A decisive factor in my decision was that the claimant has not filed or served a witness statement. The Tribunal’s orders required witness statements to be exchanged. The claimant appears to have suggested at one stage that she did not know where to send documents to the respondent. I do not regard that as a good reason for the failure to provide a witness statement. The respondent provided updated contact details in June 2026. In any event, no claimant witness statement appears to have been sent to the Tribunal.[5]In those circumstances, the claimant is not merely absent from the hearing. She has also failed to put forward the evidence by which her claim would be advanced. The claim form is a pleading. It is not a witness statement. The claimant has not attended to adopt the contents of the claim form or to give evidence in support of her claims.[6]I considered whether I should proceed to hear the respondent’s evidence and conduct a full merits assessment in the claimant’s absence. I concluded that it would be artificial and disproportionate to do so where the claimant has not provided witness evidence and has not attended to advance, adopt or explain her pleaded case. I therefore dismiss the claim under rule 47. Respondent’s application for costs and/or preparation time[7]The respondent has applied for costs and/or preparation time. I have not determined the application today.[8]The claimant is not present. However, fairness requires that she have an opportunity to respond to the respondent’s application, particularly because there is no detailed costs or preparation time schedule before the Tribunal.[9]I therefore make the following directions. Approved by: