Tribunal Strikes Out Breach of Contract Claim Against Recruitment Firm After Claimant Fails to Appear
An Employment Tribunal in Belfast has struck out a breach of contract claim brought by Josephine Collings against RPS Ireland Limited, one of two respondents in the case, after finding the claim had no reasonable prospects of success. The hearing took place on 5 February 2026, with President Orr sitting alone.
Collings had brought proceedings under case reference 41387/24IT against two respondents: Hays Specialist Recruitment Limited and RPS Ireland Limited. The strike-out judgment concerned only her claims against the second-named respondent, RPS Ireland Limited. The first respondent, Hays Specialist Recruitment Limited, remains a party to the proceedings.
The claimant did not attend the preliminary hearing. The tribunal found she had been fully notified of the hearing date through multiple channels. The date was set at a case management hearing on 17 November 2025, at which Collings was present. She was subsequently notified in writing via a record of proceedings issued on 19 November 2025 and by email on 16 December 2025.
At the November 2025 case management hearing, the tribunal had ordered Collings to provide a witness statement, relevant documents, written submissions and legal authorities to both the tribunal and the second respondent's representative by 23 January 2026. She did not comply with that order. Solicitors for RPS Ireland Limited, represented by Mr I McFarland of Eversheds Sutherland NI, told the tribunal their office had written to Collings on four separate occasions - 19 December 2025, 6 January 2026, 7 January 2026 and 20 January 2026 - and received no response.
Collings made no application to adjourn the hearing, did not seek to vary the tribunal's orders, and gave no advance notice that she would be absent. President Orr ruled it appropriate to proceed in her absence and struck out her claims against RPS Ireland Limited under Rule 32 of the Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, on the basis that those claims had no reasonable prospects of success.
RPS Ireland Limited has reserved the right to apply for a costs order arising from Collings' conduct during the proceedings, including the costs of the 5 February hearing and associated preparation. Any such application, if pursued, will be heard separately.