No attendance For the v Mr S Dad (solicitor) — 2020

This was a preliminary hearing by telephone on 3 December 2020 before Employment Judge JM Wade. The claimant did not attend and was not represented. The respondent attended through Mr S Dad, solicitor. The judgment records that the claimant had been sent notice of the hearing and that the tribunal attempted to contact him by telephone after he failed to join, but there was no answer. The hearing was then reconvened later the same day and there was still no attendance.

The tribunal listed the complaints as protected disclosure dismissal, protected disclosure detriment, unfair dismissal, discrimination on the grounds of religion or belief, race discrimination, harassment, victimisation and other payments. Having read the claim and response, the judge noted that the claimant had pleaded few or no facts from which the tribunal could conclude that race or religion played any part in the events relied upon. The reasons also record the respondent's case that the claimant had been dismissed around 4 June 2020 following an allegation that he had said, in February 2020, "that fucking monkey is useless" about a colleague, which the respondent treated as racially aggravated.

The judge considered several procedural options, including a strike out warning, an unless order, a postponement, deposit orders, or dismissal under Rule 47. The tribunal concluded that the claimant had had a reasonable opportunity to attend and be heard. It considered it more likely that he had chosen not to attend than that unforeseen misfortune had prevented him from doing so. Taking into account the cost to the respondent, the seriousness and stigma of the allegations, and the need to avoid wasting tribunal time, the tribunal dismissed the claims in the interests of justice.

The judgment notes that if misfortune had prevented attendance, the claimant could challenge the decision, which moderated the prejudice to him. No merits findings were made on the substantive complaints and no monetary remedy was awarded.