Mr N Garner v Royal Mail Group Limited In chambers — 2025

The claimant was dismissed by the respondent in April 2024. A preliminary hearing took place on 15 January 2025 and a five-day final hearing was listed, with directions sent on 25 January 2025 for disclosure, witness statements and a readiness update. The claimant was represented at points by Mr Haslam of the CWU, and on 2 June 2025 he applied to strike out the response on the basis of delay in the respondent's disclosure and hearing file preparation.

By the morning of the hearing on 9 June 2025, the claimant's statement had been provided, but neither the claimant nor Mr Haslam was present by the directed start time. The tribunal contacted the claimant and the respondent's solicitor relayed that the claimant said he had not been told he had to attend and was at work, but wanted to pursue the claim. The tribunal refused the claimant's strike-out application, noting that delay was not one-sided, that there were arguable defences including limitation, and that a fair hearing could still have taken place.

The tribunal then considered Rule 47 and decided to dismiss the claims because the claimant had failed to attend or be represented. It said the position was unsatisfactory, that the tribunal's resources had been wasted, and that it was not fair or reasonable for the proceedings to continue further. The judgment also recorded that the race discrimination and harassment allegations were said to be based on colleagues' alleged perception of the claimant as Austrian or German. No remedy or monetary award was recorded.