Decision date
13 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Cawthray
Case Summary
The claimant claimed unfair dismissal and whistleblowing (automatically unfair dismissal). The claimant failed to attend a case management preliminary hearing and did not respond to tribunal directions or communications since submission of the claim. The tribunal dismissed the claim under Rule 47 due to non-attendance and the claimant's total failure to engage with the proceedings.
Why this outcome?
Non-compliance with ordersThe claimant failed to attend the case management preliminary hearing without reasonable explanation and has shown total failure to comply with tribunal directions, including failure to respond to the 28 June 2025 direction to clarify her whistleblowing complaint position and failure to respond to the 16 March 2026 warning that the complaint may be struck out. The tribunal determined dismissal was appropriate under Rule 47.
Claim Types
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Key Issues
- •Non-attendance at case management preliminary hearing
- •Failure to comply with tribunal directions
- •Dismissal under Rule 47 of Employment Tribunal Procedure Rules 2024
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Ms. A Bourne Respondent: Greene King Retail Services Ltd Heard at: London South (in private; by video) On: 13 May 2026 Before: Employment Judge Cawthray Appearances For the claimant: Did not attend For the respondent: Ms. Hutchinson, Solicitor JUDGMENT The Claimant’s claim is dismissed under Rule 47 of the Employment Tribunal Procedure Rules 2024. REASONS 1. The hearing today was due to be a case management preliminary hearing. 2. The Claimant did not attend. 3. At approximately 9.55 am the Tribunal staff attempted telephoning the Claimant. The Claimant did not answer and the Tribunal staff left a voice message. The Tribunal staff emailed the Claimant and made a further call at approximately 10.10am and left another voice message. 4. I waited for approximately 15 minutes and there was no response. 5. Rule 47 of the Employment Tribunal Rules states: “If a party fails to attend or to be represented at a hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it must consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.” 6. I asked the Respondent’s representative if there had been any contact with the Claimant, and Ms. Hutchinson explained that since submission of the claim on 3 February 2025 the Respondent’s representative has only received one email from the Claimant, which I have detailed below. Ms. Hutchinson emailed the Claimant last week in relation to the agenda and list of issues and has had no reply. 7. The last record of any contact from the Claimant with the Tribunal was the submission of the ET1 itself. 8. The parties were sent a Notice of Hearing on 28 June 2025, together with suggested case management orders. 9. In the ET1 claim form t…
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Case Details
- Claimant
- Ms A Bourne
- Case No.
- 6003607/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 13 May 2026
- Published
- 8 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cawthray
- Representation
- Litigant in person