Mr Nickque White v SE Trains Limited — 2024

The case was listed for six hearing days, but the tribunal spent much of 5 June 2025 on preliminary matters, including adjustments for the claimant's reported disability-related pain, an anonymity application for two non-witness individuals, and case-management issues. The claimant said he had acute pain after a car accident and the tribunal arranged regular breaks and remote-hearing adjustments.

The claimant's applications to strike out the defence, exclude the respondent's late witness statements, and prevent evidence about alleged sexual misconduct from being used all failed. The tribunal found that the witness-statement delay arose largely because the claimant had not engaged with the exchange process, that his disclosure request for 'all emails' was a fishing expedition, and that the respondent was entitled to defend the case on the facts it said led to suspension and disciplinary proceedings. It also held that there was no shown prejudice to any criminal appeal arising from the respondent putting forward its defence.

On day 2 the claimant sent a 'formal application to withdraw under protest' but the tribunal found this was not an unambiguous withdrawal. He did not attend the hearing, despite being asked to do so, and the tribunal concluded that he had deliberately decided not to attend after his applications failed and had no medical reason preventing attendance. Applying Rule 47 of the Employment Tribunal Procedure Rules 2024 and an interests of justice balancing exercise, the tribunal dismissed the proceedings. No merits findings were made on the underlying discrimination, unfair dismissal, or wages claims, and the claimant's anonymity application was refused.