Miss G Shore v Taylors Tots Nursery — 2022

The claimant did not attend the hearing on 13 September 2022. The tribunal noted that the case had previously been adjourned after the claimant failed to attend on 30 June 2022, and that an order of 30 June 2022 warned the parties that the claim might be struck out under rule 47 if she did not attend. No application to adjourn was received.

The tribunal called the claimant's contact number and received no reply. It also recorded that it had received no correspondence from the claimant since an email of 29 June 2022, and that the respondent had not had any contact from her to explain the absence. The respondent said it had sent documents to the claimant and had received a response that she could not open the file, but that no documents were sent back and there were no further communications.

Having considered rule 47 of the Employment Tribunal Rules of Procedure 2013 and the overriding objective, the tribunal decided that the claimant had acted unreasonably in failing to attend and that dismissal was proportionate in order to avoid delay and expense. The judgment states that the claimant's claim was dismissed on her non-attendance.