Miss P Gasiorek v PM Group of Hotels Limited — 2022

This case was listed for a three-day hearing at Manchester via cloud video platform on 21 November 2022. On the first morning the claimant, Miss P Gasiorek, did not attend and had not notified the tribunal that she would not be attending. The witnesses who had prepared statements on her behalf were also absent. Attempts were made to contact the claimant by telephone and email without success, and the respondent’s representative said the respondent had not had contact with her for about five months.

The tribunal adjourned until midday to give the claimant an opportunity to respond to the messages left for her, but she still had not contacted the tribunal when the case was recalled. The respondent invited dismissal under Rule 47 of the Employment Tribunal Rules of Procedure, or alternatively strike out under Rule 37(1)(e) on the basis that the claimant had failed actively to pursue the claim. Having considered the nature of the claims and the degree of factual dispute, the tribunal decided that the claim should be dismissed under Rule 47. The judgment and reasons were sent to the parties on 29 November 2022.