Ms. S McKee v Applegreen (Petrogas) — 2024

Ms S McKee did not attend the hearing on 19 December 2024, and neither did the respondent. The clerk tried unsuccessfully to contact the claimant by telephone at 14.10. The tribunal recorded that there had been no contact from the claimant since the claim form was filed.

Although the respondent had not responded, the tribunal noted that the named respondent on the claim form was not a legal entity. It also recorded that the claimant had not complied with an order dated 15 August 2024 requiring her to confirm the correct name of her employer. The tribunal said it was not possible to issue a rule 21 judgment because the respondent was not a legal entity, the claim was out of time, and the claimant had not provided details of the amounts claimed.

The tribunal further found that the claim could not be re-served on the claimant’s employer because the claimant had not complied with the 15 August 2024 order. In those circumstances, Employment Judge Buckley decided that dismissal under rule 47 of the Employment Tribunal Rules of Procedure 2013 was in accordance with the overriding objective and in the interests of justice. The judgment also notes that if the claimant had a good reason for not attending, she could apply for reconsideration under rule 70 within 14 days of the judgment being sent to the parties.