Claimant v Bounce Back Foundation — 2020

The claimant’s ET1 of 8 January 2019 alleged unfair dismissal and disability discrimination. A preliminary hearing was held by telephone on 30 April 2020 before Employment Judge Cheetham QC. The claimant did not attend, despite the Tribunal using the mobile number he had provided to try to contact him. The respondent was represented by Mr S Profitt, solicitor.

The Tribunal noted that directions had been given on 30 September 2019 requiring the claimant to provide further information about the disability discrimination complaint, a statement describing the adverse effects of the condition, and disclosure by specified dates. The claimant did not comply with those directions and gave no explanation. He also did not respond to the respondent’s strike-out application of 10 December 2019 or to a strike-out warning sent on 3 March 2020. On 31 March 2020 he emailed asking that everything be put on hold because of the Covid-19 crisis, but he still gave no explanation for his earlier non-compliance.

Applying Rule 47, the Tribunal considered the information available to it, including the claimant’s failure to pursue the claim for seven months and the absence of any response to the Tribunal’s attempts to contact him. The judge also considered whether to make an unless order, but declined to do so because the earlier strike-out warning had produced no response. The claim was therefore dismissed for non-attendance at the hearing. The judgment notes that the claimant may apply for reconsideration within 14 days if necessary in the interests of justice.