Ms K Garcia v Fenwick Limited — 2024

The Claimant, who continued to work for the Respondent as a Sales Advisor, had brought proceedings alleging race discrimination. The judgment records a history of grievances, earlier proceedings, and repeated case management attempts to define the complaints and issues in the Second Claim and Third Claim.

A preliminary hearing listed for 24 September 2024 was converted from video to in-person. The Claimant did not attend. The Tribunal considered the information available about her absence, including the communications sent before the hearing, attempts to telephone her, the previous case management history, and the Respondent's efforts to progress the cases.

The Tribunal did not proceed to determine the Respondent's strike-out or deposit order applications on their merits because the draft list of issues was disputed. It dismissed the claims under Rule 47 by reason of the Claimant's non-attendance, concluding that further postponement was not appropriate.