Case 8000614/2026 · Employment Tribunal
(sitting alone) Ms K Gaffney v Cygnet (OE) Limited — 2026
- Case reference
- 8000614/2026
- Decision date
- 27 July 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge Murphy
Parties
2 namedClaimant
(sitting alone) Ms K Gaffney
Respondent
Key findings
Tribunal's reasoningMs K Gaffney brought complaints of automatic unfair dismissal based on whistleblowing, disability discrimination and breach of contract against Cygnet (DH) Limited on 16 March 2026. The respondent disputed the claims. Employment Judge Murphy dismissed all claims under Rule 47 of the Employment Tribunal Rules 2024 after Ms Gaffney failed to attend the preliminary hearing on 27 July 2026. The judgment did not determine the merits of the complaints or record a monetary award.
Ms Gaffney requested a postponement on the morning of the hearing, citing unforeseen circumstances without explaining them. The tribunal refused the request because no substantive reason for her unavailability had been given and the hearing had been listed for about four months. She was warned that the claims could be dismissed or the hearing could proceed in her absence. She had not completed the preliminary hearing agenda. The judge adjourned until 10.30 am while the clerk attempted to contact her by telephone and email, but she did not respond or join the hearing.
The tribunal found that aspects of the complaints needed clarification and particulars, which could not be obtained without Ms Gaffney's attendance, particularly without her completed agenda. Having made such enquiries as were practicable, the judge remained unable to establish why she had not attended. The judge considered that dismissal accorded with the overriding objective by avoiding further unnecessary use of tribunal resources and expense to the respondent. The judgment explained that Ms Gaffney could apply for reconsideration within 14 days of its being sent to the parties.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal complaint based on whistleblowing. Dismissed under Rule 47 following the claimant's non-attendance; the merits were not determined. | Dismissed | — | — |
| Disability discrimination | Dismissed under Rule 47 following the claimant's non-attendance; the merits and specific form of disability discrimination were not determined. | Dismissed | Disability | — |
| Breach of contract | Dismissed under Rule 47 following the claimant's non-attendance; the merits were not determined. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 of the Employment Tribunal Rules 2024
- The overriding objective
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.
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