Not present or represented For the v Respondent — 2022

The claimant presented claims on 27 July 2020 alleging failures under ss.1, 8 and 13 Employment Rights Act 1996, a failure to make reasonable adjustments and discrimination arising from disability under the Equality Act 2010, automatic unfair dismissal, and wrongful dismissal/breach of contract. The respondent denied the claims and asked for further particulars, also saying the claim form should have been rejected under Rule 12 and that the particulars were out of time.

The case was listed for a preliminary hearing on 24 February 2022 before Employment Judge P Klimov, sitting alone. The claimant and her representative, Mr Tarek Timraz, did not attend. The tribunal clerk contacted Mr Timraz by phone on more than one occasion and told him how to join by phone or video, but he did not do so and did not call back to explain his absence.

After waiting until 14:51, and noting that there had still been no contact by 14:56, the judge decided it was appropriate to dismiss the claimant's claims for non-attendance under Rule 47 of the ET Rules, applying the overriding objective. The judgment records that all of the claimant's claims were dismissed and does not determine the substantive merits of any pleaded complaint.