No attendance For the v Mr M Gallagher (consultant) — 2022

The claim was presented on 9 December 2021 after early conciliation. The judgment records that an unfair dismissal complaint had already been dismissed on 26 January 2022 because the claimant did not have two years' service and had not given an acceptable reason for the tribunal to have jurisdiction to hear that claim.

The remaining complaints were described as disability discrimination, arrears of pay and other payments. The claimant gave no greater detail of the alleged disability in the claim form beyond an assertion that the treatment complained of was due to mental health and that dismissal followed a period of disability-related absence. The respondent denied that the claimant was a disabled person.

A case management order by Legal Officer Metcalfe required the claimant to provide medical notes, reports and other evidence on the disability issue, together with a witness statement addressing the effect of the alleged disability on normal day-to-day activities by 9 March 2022. At the hearing on 22 September 2022 the claimant did not attend or log in, the tribunal's attempts to contact her by telephone were unsuccessful, and the respondent said there had been no contact and no compliance with the order.

Employment Judge Perry was satisfied that notice of hearing had been sent to the address given by the claimant and that there was no good reason for the non-attendance. The tribunal concluded that the claimant had failed to actively pursue the proceedings and had failed to comply with tribunal orders, so the remaining claims were struck out under rule 37(1)(c) and (d). The judgment adds that, alternatively, the claims would have been dismissed under rule 47.