Mrs K N P Ashfield v Leisure Employment Services Ltd: 6016231/2024
JUDGMENT
Employment Tribunals Procedure Rules 2024 – rule 47 The claimant’s claim is dismissed under rule 47.REASONS
[1]The respondent operates hotels including Warner Hotels where the claimant worked from 8 August 2022 until 13 June 2024. The correct name of the respondent is Leisure Employment Services Limited.[2]The claimant started the Acas early conciliation process on 14 August 2024 and it ended on 25 September 2024. The claim form was presented on 24 October 2024. The claimant brought complaints of unfair dismissal and discrimination because of sex, race and religion/belief. The response was presented on 4 December 2024. The respondent defended the claim.[3]On 1 May 2025 the tribunal sent the parties a notice giving the date of this preliminary hearing. The notice included an order for the claimant to provide more information by 15 May 2025 about her complaints of discrimination, including setting out in date order what was said or done, by whom, when and where.[4]The claimant contacted the tribunal on 29 May 2025 and 17 June 2025 to ask for more time to provide the information. I directed that the claimant should provide the information by 18 July 2025. Page 1 of 3[5]The claimant has not provided the information requested by the tribunal. The respondent has not heard from the claimant herself since June 2025. For a short time in about July 2025 the claimant instructed solicitors, but they wrote to the respondent’s solicitors on 6 August 2025 to say they were no longer instructed.[6]On 12 August 2025 the respondent’s solicitors asked the tribunal to make an unless order on the basis that the claimant was not engaging with the tribunal process. On 16 October 2025 I refused that application. The tribunal wrote to the parties on that date to say that I had directed that the claimant should provide the further information as soon as possible and that it would be discussed at the preliminary hearing today.[7]The respondent’s solicitor has contacted the claimant by email to invite her comments on the case management agenda and preparations for today’s hearing but she has not replied.[8]The preliminary hearing for case management took place by video today. It was due to start at 10.00am. Mr Faulkner attended on behalf of the respondent. The claimant did not attend. The claimant did not contact the tribunal to give any explanation as to why she was not attending today, and she did not ask for today’s hearing to be postponed. She was aware of the date of today’s hearing because she contacted the tribunal about the orders which were included in the notice of hearing.[9]The hearing clerk phoned the claimant three times between 10.00am and 10.15am. The claimant’s phone diverted to voicemail. The claimant did not reply to the message left by the clerk or to an email she sent.[10]I waited until 10.20am but the claimant had not joined the hearing. I decided to consider the claimant’s non-attendance under rule 47 of the Employment Tribunal Procedure Rules 2024. This rule relates to nonattendance at a hearing.[11]I gave careful consideration to the overriding objective in rule 3, particularly bearing in mind that the claimant is not legally represented. Rule 3 also requires me to take into account the need to avoid delay and save expense. I considered whether to reschedule today’s hearing and to make unless orders. However, as the claimant has not complied with the tribunal order, has not replied to the respondent’s emails and did not attend the hearing or contact the tribunal today, it seems that she has decided not to pursue her claim. It seems likely that the position at another hearing would be the same as today. In the circumstances, I decided that the claim should be dismissed under rule 47.[12]The dismissal of the claim brings the claim to an end. This decision can be reconsidered if there is a good reason why the claimant was unable to attend today. If she wants to ask for this decision to be reconsidered, the claimant should write to the tribunal within 14 days of the date this document was sent to the parties. Any application for reconsideration must Page 2 of 3 be copied to the respondent’s solicitors. In a request for reconsideration, the claimant must explain why she did not attend and why she did not let the tribunal know that she was unable to attend, and must provide evidence to show why she was unable to attend. Approved by: