S Smith v No appearance The Office of the Advocate General for Scotland — 2026

S Smith presented complaints of disability discrimination. A preliminary hearing was listed for 2 June 2026 to determine the respondent’s application for strike out or, failing that, a deposit order. The claimant had not complied with the Tribunal’s orders of 6 March, had previously failed to attend a case management preliminary hearing, and did not respond to a strike-out warning issued on 19 May.

On the morning of the hearing, the claimant referred to settlement terms and explained that she had undergone an operation on Sunday and had remained in hospital longer than expected. She did not apply to postpone the hearing. The Tribunal and its clerk made repeated unsuccessful attempts to contact her, and she did not attend when the hearing began or when it resumed after an adjournment. The respondent reported that no settlement terms had been agreed and that its offer had been withdrawn.

After considering the available information, the practicable enquiries made about the claimant’s absence, and the overriding objective, the Tribunal dismissed the claim in its entirety under Rule 47 for failure to attend. The disability discrimination complaints were therefore not determined on their merits, and no monetary remedy was awarded or addressed. The judgment recorded the claimant’s right to seek reconsideration under Rules 69 and 70 within 14 days of the judgment being issued to the parties.