Mrs I Bubeliene v Swiss Camplings Laundry Factory: 6018165/2024
JUDGMENT
The claim is struck out pursuant to rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds it has not been actively pursued and/or dismissed under rule 47 for non-attendance.REASONS
[1]The Claimant was employed between 17 May 2021 and 21 March 2024 when she was dismissed on grounds of capability.[2]Acas Early Conciliation took place between 12 July 2024 and 16 July 2024.[3]On 11 November 2024 the Claimant lodged a claim bringing complaints of unfair dismissal and disability discrimination.[4]On 23 May 2025 the Respondent made an application to strike out the claim on the grounds it was out of time.[5]On 8 August 2025 the Tribunal listed today’s preliminary hearing. Despite the fact that the Notice of Hearing stated that the preliminary hearing would consider whether the complaints of unfair dismissal and disability discrimination were out of time, the hearing was listed as a Case Management Preliminary Hearing and not a Public Preliminary Hearing. 1 of 2 Case Number: 6018165/2024 (CVP)[6]In any event, the Claimant failed to attend the hearing today. The clerk telephoned her mobile twice (at approximately 10am and 10.20am) leaving messages and asking her to inform the Tribunal if she was having trouble with the link to the hearing. He also sent her an email. The Claimant did not respond.[7]Further Ms Clarke informed me the Claimant had not engaged with the process at any stage after lodging her claim form. In particular she had not responded to the Respondent’s application to strike out and had not responded to either the bundle of documents or the skeleton argument the Respondent had sent her in preparation for today’s hearing.[8]I also noted that the Claimant had not sent any communications to the Tribunal about the hearing, either in the way of a completed Case Management Agenda or even any request to postpone the hearing.[9]Having waited until 10.30am for the Claimant to attend the hearing or respond to any of the messages, I struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the ground that it had not been actively pursued and/or under rule 47 on the ground the Claimant had failed to attend the hearing. Approved By: