Miss T Gannon First v Gill Akrupe / Social Interest Group Second Respondent: Rav Grewal / Tumara Care Limited — 2021

The tribunal recorded that the claimant’s pleaded case included breach of contract / wrongful dismissal and notice pay, public interest disclosure claims, direct and indirect race discrimination, direct and indirect disability discrimination, and harassment. The hearing on 30 July 2021 was a preliminary hearing listed to clarify the issues and prepare the case for дальнейшее progression; the judge had earlier postponed a June listing to give the claimant a further opportunity to attend.

Before the hearing, the claimant asked to make written representations instead of attending. The tribunal refused that request and made clear that attendance was expected. The judge found that the claimant had received the notice of hearing and joining instructions, was aware the hearing was taking place, and gave no explanation for not attending on the day. The judge also noted that the claimant had not communicated any absence reason to the respondents or the tribunal.

Applying rule 47 of the Employment Tribunal Rules of Procedure 2013, the judge dismissed the claims in full because the claimant did not attend or be represented. The reasons given included that the claimant had been given two opportunities to progress the case, had not actively pursued it, and had not provided basic information needed to clarify the disability element of the claim, including the medical condition relied upon. The tribunal also noted that the claimant had ticked the 'No' box for disability on the claim form and had not asked for reasonable adjustments.

The judgment did not determine the underlying merits of the dismissal, discrimination or whistleblowing allegations. It ended by explaining that, if the claimant had a valid reason for non-attendance, she could apply for reconsideration under rule 70 within 14 days of the written judgment being sent to the parties.