Mr C Dlamini v Teesside University UPON APPLICATION made by email dated 27 June 2023 to reconsider the — 2023

The claimant, Mr C Dlamini, presented a claim in January 2023 complaining of unfair dismissal and race discrimination against Teesside University. The claim was initially rejected for procedural reasons, then accepted after reconsideration, and a preliminary hearing was listed for 4 May 2023. No one appeared for the claimant at that hearing, and on 5 May 2023 the Tribunal directed both the claimant and his union contact, Zoulika Lamarra, to explain the absence and the claimant was asked to confirm who was representing him.

Ms Lamarra replied on 9 May 2023 saying the claimant was represented by a regional officer, that he had not responded to requests for information, and that he should have attended the hearing even if his representative did not. The claimant did not respond to the order, and when the respondent applied on 22 May 2023 to strike out the claim as not actively pursued, he still did not engage. A warning was sent on 15 June 2023, and on 23 June 2023 EJ Jeram struck out the claim because the claimant had not complied with the order and had not actively pursued the case.

In his 27 June 2023 email, the claimant said he had believed the union was representing him and that he only realised he may have to act for himself after reading the Tribunal's correspondence. That email was treated as an application for reconsideration. Applying rule 70, the Tribunal said reconsideration is available only where it is in the interests of justice, with regard to the interests of both parties and the need for finality, and referred to Ebury Partners UK Ltd v Davies [2023] EAT 40. It found the email address used by the Tribunal was correct, that the claimant knew his claim had been accepted and that he had some awareness of the union's role, but that he gave no detail of any misunderstanding or of steps taken to pursue the claim. The Tribunal concluded there was no compelling basis to revoke or vary the strike-out judgment, and the judgment was confirmed.