Did not attend and was not represented For the v NHS West Sussex CCG — 2021

The claim was presented on 28 October 2019 and included unfair dismissal, race discrimination, disability discrimination, and money claims for notice, holiday, arrears of pay and other payments. At the February 2020 case management hearing the tribunal recorded that the unfair dismissal complaint was no longer being pursued because the claimant had been reinstated, but the case was still listed for a final hearing after further case management.

The tribunal recorded repeated directions about disclosure, witness statements and the list of issues, including orders after the 10 July 2020 telephone case management hearing and further directions at the 30 November 2020 hearing. The claimant did not attend those hearings, did not serve the required materials by the directed dates, and on 14 and 15 January 2021 emailed the tribunal about reasonable adjustments and technical problems but did not apply to postpone the hearing. No medical evidence was submitted to support the non-attendance.

At the 15 January 2021 hearing the Employment Judge proceeded in the claimant's absence under Rule 47. The tribunal found continuous non-compliance since February 2020, prejudice to the respondent, and that the issues remained too unclear for a fair hearing to be possible. It also found that no lesser sanction would be appropriate and struck out the claim under Rule 37(1)(c), (d) and (e). No merits findings or monetary award were made.