P Cairney
Case Summary
The claimant's claims were dismissed due to the claimant's non-attendance at the final hearing.
Key Issues
- •dismissal
Claim Types
Decision Text
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No 4107471/2024 Held in Edinburgh on 3 February 2026 Employment Judge: M Sutherland 5Linda Erskine Claimant No appearance 10 Patrick Cairney Respondent 15 In person 20JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Tribunal is that the claim is dismissed under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2024 for failure to attend or be represented at the final hearing. REASONS 251. The claimant had presented various complaints including for disability discrimination and holiday pay. A final hearing had been listed for 2 days starting today. The respondent attended on his own behalf. The claimant did not attend. Non-attendance of a party 302. The respondent made an application for the case to be dismissed due to the non-attendance of the claimant under Rule 47 if the Employment Tribunal Rules 2024. 3. In determining the application for dismissal the following is noted: 4107471/2024Page2 4.A notice oftoday’s finalhearing was issued to parties on 10 September2025. It was sent to the claimantby emailusingthe email address used by the claimant in correspondence.The claimant had not appeared on the morning of the hearing and the clerk attempted to contact the claimant by email without success. He was unable to find a record of her phone number on the file and5 accordingly no contact was made by telephone. (It subsequently transpired that she had provided telephone contact information on 4 June 2025.) 5.The final hearing required evidence from the claimant and was therefore unable to proceed inherabsence. In the circumstances it was considered to be in furtherance of the overriding objective for theclaim to be dismissed10 under Rule 47. It is open to the claimant tomake an application seeking reconsideration of this dismissal judgment.Any such applicationshould be ...
Employer
Case Details
- Case Number
- 4107471/2024
- Decision Date
- 03/02/2026
- Published
- 20/03/2026
- Jurisdiction
- Scotland
- Judge
- M Sutherland