Decision date
27 February 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Tynan
Case Summary
Ms Ariano's claim was dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024 due to her failure to attend the hearing on 26 February 2026, despite being aware of it. The claimant had previously failed to comply with case management orders requiring her to provide medical records and a disability impact statement, and neither she nor her representative attended the final hearing.
Why this outcome?
Not actively pursuedThe claim was dismissed because the claimant failed to attend the hearing despite being aware of it (as evidenced by her email of 18 November 2025 referencing the case management order), and the tribunal found no good reason for her non-attendance. The claimant appeared to have abandoned her claim without formally withdrawing it.
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Key Issues
- •Non-attendance at hearing
- •Non-compliance with case management orders
- •Failure to provide medical records and disability impact statement
Decision Text
1 of 3 EMPLOYMENT TRIBUNALS Claimant: Ms M Ariano Respondent: Cutting Edge Podiatry Ltd Heard at: Cambridge On: 26 February 2026 Before: Employment Judge Tynan Appearances For the Claimant: Did not attend and was not represented For the Respondents: Ms T Voges, Litigation Executive JUDGMENT The claim is dismissed pursuant to rule 47 of The Employment Tribunal Procedure Rules 2024. REASONS 1. A Preliminary Hearing was scheduled for 20 October 2025. The Claimant’s representative came off the record the night before the hearing, without copying the Respondent’s representative into their email to the Tribunal. The Claimant did not attend the preliminary hearing, which proceeded in her absence. The Claimant has not provided any explanation for her non attendance on that occasion. 2. Employment Judge M Hunt made various case management orders on 20 October 2025, including that the Claimant must provide a further copy of her medical records to the Respondent. An order had previously been made in this regard on 2 May 2025 but had seemingly not been fully complied with. The Judge also ordered the Claimant to serve a disability impact statement, this too having been previously ordered on 2 May 2025. 2 of 3 3. On 12 February 2026 the Respondent applied for the claim to be struck out on grounds of the Claimant’s alleged non-compliance with the orders of 20 October 2026, alternatively for unless orders. 4. Notice of today’s hearing was sent to the parties on 11 November 2025 as part of the record of the case management preliminary hearing on 20 October 2025. On 18 November 2025, the Claimant emailed the Tribunal, stating: “In accordance with Case Management Order 9, dated 20th October 2025, I write to confirm that I have instructed my original representative, Lailla Balmehdi, to continue representation.” However, since then M…
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Case Details
- Claimant
- Ms M Ariano
- Case No.
- 3309115/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 27 February 2026
- Published
- 20 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tynan
- Representation
- Legally represented
Registered Company
- Company name
- CUTTING EDGE PODIATRY LIMITED
- Company number
- 07100635
- Industry
- Healthcare & Social Care
- Status
- active