Case 1301369/2021 · Employment Tribunal
Mr. K. Afzal v RGIS Inventory Specialists Limited — 2021
- Case reference
- 1301369/2021
- Decision date
- 20 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Perry
Parties
2 namedClaimant
Mr. K. Afzal
Respondent
Key findings
Tribunal's reasoningBy a claim form dated 28 April 2021, Mr. K. Afzal brought claims of wrongful dismissal, race discrimination, religious discrimination and public interest disclosure detriment against RGIS Inventory Specialists Limited. Employment Judge Perry ordered him on 14 July 2021 to provide further and better particulars by 21 July 2021, but he did not do so. The respondent then wrote on 30 July 2021 and 6 October 2021 seeking to strike out the claims for non-compliance.
A closed telephone preliminary hearing was listed for 20 October 2021. The claimant did not attend, and the tribunal clerk telephoned him twice, but both calls went to voicemail. The respondent applied for dismissal under Rule 47 on the basis of the claimant's absence, his failure to acknowledge correspondence about the hearing, and his continued failure to provide further and better particulars.
The tribunal decided it was in the interests of justice and consistent with the overriding objective to dismiss the claim because the claimant had failed to attend the hearing without explanation. It found that dismissal was a proportionate step in light of the claimant's failure to engage with the tribunal process, his non-compliance with the order for particulars, and his lack of response to the respondent's correspondence including the hearing bundle and agenda. The judgment records that the claim was dismissed and does not record any merits determination or monetary award.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Dismissed without consideration of the merits under Rule 47 after the claimant failed to attend the preliminary hearing and had not complied with the order for further and better particulars. | Dismissed | — | — |
| Race discrimination | Dismissed without consideration of the merits under Rule 47 after the claimant failed to attend the preliminary hearing and had not complied with the order for further and better particulars. | Dismissed | Race | — |
| Religion or belief discrimination | Dismissed without consideration of the merits under Rule 47 after the claimant failed to attend the preliminary hearing and had not complied with the order for further and better particulars. | Dismissed | Religion or belief | — |
| Whistleblowing | The claim form referred to public interest disclosure detriment; this claim was dismissed without consideration of the merits under Rule 47 after the claimant failed to attend the preliminary hearing and had not complied with the order for further and better particulars. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 of the Employment Tribunal Rules
- 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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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