Mr. J Marsh First v Usman Salim Second Respondent: Siddra Khatoon — 2020

No response had been filed, and no application had been made to extend time for filing a response. The respondents' representative attended the preliminary hearing and was allowed to make submissions on whether a determination could properly be made on the material before the tribunal. The tribunal considered the ET1, case management agendas from both parties, and the claimant's schedule of loss, and concluded that it could determine liability on the basis of the information before it.

The tribunal found that the facts pleaded in the ET1 were stated with sufficient detail and that, if those facts were established by evidence, the claim would succeed. It accepted that the respondent's case management agenda indicated that the claim would be resisted, but there was no indication of the respondent's position on the issues or any basis on which the claim would be resisted in the material before the tribunal. On that basis, the tribunal held that the claimant would succeed on all the issues arising in the s 15 claim and in the wrongful dismissal claim, and it issued judgment under Rule 21.

The tribunal recorded that remedy could not properly be determined at that stage because it had no information about the claimant's efforts to mitigate loss or about the effects of the discrimination on him. It said that loss of earnings and injury to feelings would be determined at a later hearing by a judge sitting alone.