Miss K Grout v Respondent — 2026

The proceedings concerned claims of automatic unfair dismissal under section 103A and detriment under section 47B of the Employment Rights Act 1996. A preliminary hearing was arranged for 10 June 2026 to determine whether it had been reasonably practicable to present the claims within the three-month time limit and, if not, whether they had been presented within a further reasonable period.

The respondent applied on 28 May 2026 to strike out the claims for non-compliance with a Tribunal order and failure actively to pursue them. The claimant was directed to respond by 9 June 2026 or request a hearing at which to give her reasons, but the Tribunal received no response. She did not attend the preliminary hearing, and several attempts to contact her by telephone were unsuccessful.

The Tribunal considered the available information, the claimant's lack of contact and attendance, the attempts made to contact her, the overriding objective and Rule 47 of the Employment Tribunal Procedure Rules 2024. Because evidence from the claimant was required to determine the time-bar issue, the hearing could not proceed in her absence, and the claims were dismissed under Rule 47. The Tribunal expressly did not determine the respondent's Rule 38 strike-out application. No monetary remedy was awarded; the judgment stated that the claimant could apply for reconsideration within 14 days of the date of the judgment.