E Kyeremateng v At Medics/Primary Care — 2022

On 6 September 2022, at the London South Employment Tribunal, Employment Judge L Burge recorded that the matter had been listed for the first day of a three-day final hearing but had been converted to a two-hour preliminary hearing because the case was not ready. The claimant had not complied with earlier case management orders requiring a schedule of loss, disclosure, participation in the hearing bundle, and witness statements, and she did not attend the hearing despite knowing the date and that it had been converted.

The tribunal noted that the claimant had not corresponded with the respondent’s solicitors since they were instructed on 23 July 2022, had not contacted the tribunal to explain her absence, and did not answer the telephone or respond to email when the tribunal tried to contact her on the day. The judge found that she was not actively pursuing her claims.

Applying Schedule 1, Rule 47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 and the overriding objective, the tribunal dismissed the claim for non-attendance. No substantive findings were made on the underlying race discrimination, unfair dismissal, or working time issues, and no remedy was awarded.