Mr Feisal Mohammed v Skytanking Aviation Services ENG Ltd — 2024

The hearing on 11 July 2024 was listed for case management and was converted to a public hearing so the tribunal could consider dismissing the claim. The claimant did not attend, did not apply for a postponement, and did not explain his absence. The tribunal recorded that notice of the hearing, the CVP link, and further communications were sent to the claimant at the correct email address, and that he had also been warned on 16 February 2024 that his unfair dismissal claim was being considered for strike out because he did not have the requisite qualifying service.

The tribunal struck out the unfair dismissal claim because the claimant had not been employed by the respondent for two years or more, so the tribunal had no jurisdiction to determine that claim under s.108 of the Employment Rights Act 1996. It dismissed the remaining claim or claims, including the race discrimination complaint, under Rule 47 because the claimant failed to attend the hearing. The tribunal added that, had it needed to do so, it would alternatively have struck the claims out under Rule 37(1)(d) on the basis that they were not being actively pursued.