Miss Fella Chemlal v The Dorchester Hotel Limited — 2023

By letter dated 13 February 2023, the tribunal notified Miss Chemlal of the respondent's strike-out application and told her that, if she did not attend and did not comply with the orders made at the last hearing, the application might be considered. The tribunal proceeded in her absence under rule 47 of the Employment Tribunal Rules 2013. The respondent's application of 7 February 2023 relied on rule 37, saying the claim had no reasonable prospect of success, had not complied with the tribunal's order, and had not been actively pursued.

At the earlier hearing, the claimant had been ordered to provide a schedule of loss, to agree a list of issues, and to provide evidence of disability status, including medical records and an impact statement. The judgment records that she did not provide the schedule of loss, did not engage with the list of issues, and did not provide the requested disability evidence. She also failed to attend the hearing despite the notice of hearing, the tribunal's letter of 13 February 2023, and the respondent's emails and letters in March 2023, and the clerk's calls to her phone were unanswered.

The tribunal noted that the claimant had previously failed to comply with and attend hearings and had been subject to an unless order on 1 December 2021, which she had responded to. It concluded that she had failed to make representations in writing or attend to explain why the claim should not be struck out, and the claim was therefore struck out.