Miss C Mihaela-Roxana v Sharrow Bay Hotel (in creditors’ voluntary liquidation) — 2021

The claimant, Miss C Mihaela-Roxana, brought claims against Sharrow Bay Hotel (in creditors’ voluntary liquidation). In the reasons, Employment Judge Dunlop said the claims appeared to relate to pregnancy discrimination. The respondent did not respond to the claims and had entered liquidation.

The tribunal sought further information from the claimant in order to determine whether judgment could be entered under Rule 21. In an email dated 10 April 2021, the claimant gave some further information which suggested that she believed the respondent had paid what it owed her and that she had been able to claim universal credit for the balance of her maternity period, but there was no clear withdrawal of the claim.

The tribunal then wrote on 26 April 2021 asking the claimant to confirm whether she was withdrawing the claim, and indicating that the preliminary hearing would proceed unless she did so. No response was received. The claimant also did not comply with the tribunal’s instruction to submit documents for the hearing and did not dial into the telephone hearing on 25 June 2021.

In those circumstances, the tribunal concluded that it was highly unlikely that the claimant wished to proceed and dismissed the claim under Rule 47 of the Employment Tribunal Rules of Procedure 2019 because she had not attended the hearing. No merits findings or monetary award were made.