Miss Katy Sams v 1st Alert/ Dave Oran — 2022

The claim of Miss Katy Sams against 1st Alert/Dave Oran was listed for final hearing by remote video on 12 July 2022 before Employment Judge Ferguson. Notice of the hearing and joining instructions had been sent to the parties in advance. Neither party attended by the scheduled start time, and the clerk attempted to contact the claimant by telephone and by email without success.

The tribunal recorded that both parties had also failed to attend a previous hearing and had not complied with tribunal orders seeking clarification of the matters in dispute. After a further order and request for clarification on 1 February 2022, the only communication from the claimant was a set of emails on 2 February 2022 in which she said she still wanted the case to be taken to court and asked for another hearing date.

The tribunal referred to rule 47, which allows dismissal or proceeding in absence where a party fails to attend, and rule 37, which permits strike out where a claim has not been actively pursued. In light of the claimant's non-attendance, the absence of any explanation, the failure to respond to contact attempts, and the earlier history of non-compliance, the tribunal decided that dismissal was appropriate.

The judgment records a single outcome: the claim was dismissed. No substantive findings on the merits of the underlying claim and no monetary award were recorded.