Case 2404179/2023 · Employment Tribunal
Miss L Tarney v Secretary of State for Work & Pensions — 2023
- Case reference
- 2404179/2023
- Decision date
- 5 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne REPRESENTATION
- Venue
- Liverpool
Parties
2 namedClaimant
Miss L Tarney
Respondent
Key findings
Tribunal's reasoningThe claimant did not attend and was not represented at the telephone preliminary hearing on 22 August 2023. The tribunal noted that notice of the hearing, including dial-in instructions, had been sent by post to the claimant's address, which was her preferred method of communication.
The tribunal recorded that the claimant had not contacted the respondent since presenting her claim, and there was no record of her having tried to communicate with the tribunal to explain any difficulty attending. The tribunal clerk attempted to telephone her on both her mobile and landline numbers shortly before the hearing ended, but she did not answer.
Employment Judge Horne considered rule 47 of the Employment Tribunal Rules of Procedure 2013 and the overriding objective. The judge found that all practicable enquiries had been made about the reasons for the claimant's absence, and that dismissal under rule 47 was proportionate and helped to achieve the overriding objective. The claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment dismisses the claim under rule 47 following the claimant's non-attendance; the merits were not determined. The claim type is inferred from the listing category because the judgment itself does not set out the pleaded heads of claim. | Dismissed | — | — |
| Disability discrimination | The judgment dismisses the claim under rule 47 following the claimant's non-attendance; the merits were not determined. The claim type is inferred from the listing category because the judgment itself does not set out the pleaded heads of claim. | Dismissed | Disability | — |
Legal tests applied
2 references- rule 47 of the Employment Tribunal Rules of Procedure 2013
- overriding objective in rule 2
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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