Mr K Raza v Service House Ltd t/a Admiral Security Services Heard at Leeds by CVP — 2023

Mr K Raza worked for the respondent, Service House Ltd t/a Admiral Security Services, as a security guard on a zero-hours contract until his dismissal with effect from 27 April 2023. His claim form ticked unfair dismissal and referred to 'health and safety', and the tribunal identified direct race and disability discrimination complaints. The claim was initially rejected because the early conciliation certificate number matched a different respondent, but it was later accepted after correction on 22 September 2023.

At the case management hearing on 11 December 2023, Employment Judge Deeley recorded the discrimination complaints, noted that the unfair dismissal and 'breach of health and safety' points lacked details, and directed the claimant to provide medical records, any amendment application, and a statement explaining why the claim was presented out of time. The claimant then made repeated applications to postpone the hearing, relying on a general GP letter, later fit notes relating to a fall and back and leg pain, and references to stress and anxiety. The tribunal refused the postponement applications, and it converted the final hearing to CVP to assist attendance.

The claimant did not attend the hearing on 26 February 2024. Applying Tribunal Rule 47 and the overriding objective, Employment Judge Davies dismissed the claims because there was no satisfactory explanation for the absence and the case had already been delayed by two preliminary hearings. No remedy was awarded.

If the claims had not been dismissed under Rule 47, the judge said he would have struck them out because the unfair dismissal complaint had no reasonable prospect of success, the tribunal had no jurisdiction over the 'breach of health and safety' complaint, and the discrimination complaints were out of time and had no reasonable prospect of meeting the just and equitable extension test.