Miss N Mirabdolhagh Hezaveh v Headmasters Salons Ltd Heard via Cloud Video Platform (London Central) — 2021

Miss N Mirabdolhagh Hezaveh worked for Headmasters Salons Ltd as a Salon Trainee Manager from 24 January or 11 February 2019 until 28 May 2019. In her claim presented on 21 August 2019, she alleged direct discrimination and/or harassment related to race, religion and/or sexual orientation, victimisation, and arrears of wages. The case had already been the subject of multiple case management orders requiring disclosure, a schedule of loss, and exchange of witness statements.

At the preliminary hearing on 13 September 2021, the respondent applied for strike out under Rule 37, relying on repeated failures to comply with those orders, a failure actively to pursue the claim, and conduct said to make a fair hearing impossible. The tribunal recorded that the claimant had still not provided the missing WhatsApp messages, had not exchanged her own witness statement, and had not explained why the documents could not be located or why the agreed deadlines were missed. Although the claimant referred to illness and to the birth of twins in February 2021, no medical evidence was produced to support the repeated requests for more time, apart from confirmation of the twins' birth.

The claimant did not attend the hearing and did not provide medical evidence for her non-attendance or an application for postponement. The tribunal found a repeated pattern of non-compliance, noted that the respondent remained without documents needed for preparation, and concluded that the prejudice was sufficient to make the hearing unfair. The claim was therefore struck out under Rule 37, and the listed hearing dates on 12, 13, 14, 15 and 18 October 2021 were vacated. No substantive merits findings or monetary remedy were made.