Miss M White (1) Mr J James (2) Ms V Smagurtye (3) Mr M Mohammed (4) Mr Adbi Warsame (5) Ms Lesley Michael (6) v Serco Ltd Open Preliminary Hearing — 2023

At an open preliminary hearing in Birmingham on 29 April 2024 before Employment Judge Boyle, the tribunal recorded that, further to the unless order sent to the parties on 14 November 2023, all of the claimants had not complied with that order. The written record identifies the hearing as an open preliminary hearing and notes that claimant (1) and claimant (6) appeared in person, while the other claimants did not attend and the respondent was represented by counsel.

The tribunal decided that all of the claims were dismissed under Rule 38 of the Employment Tribunal Rules of Procedure 2013. The judgment does not set out any merits findings on the underlying claims before reaching that procedural outcome. It therefore records a dismissal of the proceedings for non-compliance with the unless order rather than a substantive determination of liability.

The judgment also records that claimants (1) and (6) applied at the hearing on 30 April 2024 to set aside the dismissal under rule 38(2), and those applications were refused. The written record states that reasons were given orally at the hearing and that no written reasons would be provided unless requested within 14 days. No monetary award was made.