Case 2300555/2023 · Employment Tribunal
Mr Y Hussen v Sky Subscribers Services Limited — 2024
- Case reference
- 2300555/2023
- Decision date
- 26 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Porter
Parties
2 namedClaimant
Mr Y Hussen
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claim in its entirety after the claimant failed to attend a preliminary hearing on 6 December 2023 and then failed to attend the adjourned preliminary hearing on 26 February 2024. The claimant had been warned that failure to attend the adjourned hearing could result in strike out.
The claimant apologised by email for the earlier non-attendance, referring again to passport issues, but the tribunal found that he had not provided a satisfactory explanation for why those matters prevented attendance. Before the second hearing, the claimant did not inform either the tribunal or the respondent that he would not attend, and the contact number provided was not in operation when the tribunal clerk tried to call.
The tribunal relied on rule 37 of the Employment Tribunals Rules of Procedure 2013. It found that the failure to attend hearings and to provide a satisfactory explanation amounted to unreasonable conduct, that the claim was not being actively pursued, and that the claim also lacked sufficient clarity for the case to proceed fairly without further explanation from the claimant.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Claim struck out under rule 37; no merits determination. | Struck out | Race | — |
| Religion or belief discrimination | Claim struck out under rule 37; no merits determination. | Struck out | Religion or belief | — |
| Unfair dismissal | Claim struck out under rule 37; no merits determination. | Struck out | — | — |
| Unlawful deduction from wages | Claim struck out under rule 37; no merits determination. | Struck out | — | — |
Legal tests applied
1 reference- rule 37 of the Employment Tribunals Rules of Procedure 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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