Ms Nasreen Jafry v Primark Stores Limited — 2023

The claim was for unfair dismissal arising from the termination of Ms Nasreen Jafry's employment on 22 February 2022 for gross misconduct described in the judgment as unauthorised absence. The case had been listed for a seven-day in-person hearing at London Central beginning on 12 July 2023.

On 12 July 2023 the claimant was in the Tribunal building but refused to come into the hearing. She said she had expected Employment Judge Khan, who had conducted a previous preliminary hearing, to hear the case, and raised concern about employees and former employees of the respondent attending. Employment Judge Woodhead was satisfied that the claimant did not have a valid reason for refusing to attend the hearing and directed the Tribunal to email her requiring attendance the next day and warning that the claim might be struck out.

On 13 July 2023 the claimant did not attend. After considering her early-morning email and after further correspondence requiring attendance and warning of possible strike out, the Tribunal concluded that she had not provided a good reason for non-attendance. The judge decided that postponement was not appropriate, that it would not be fair to hear the case in the claimant's absence, and that the claim should be dismissed under Rule 47 for failure to attend. The judge also recorded that, if Rule 47 dismissal had not been ordered, strike out under Rule 37(b) would have been appropriate because the claimant's conduct in not attending was unreasonable in the circumstances and warranted strike out. No remedy was awarded.