Did not attend and was not represented. For the v Gala Leisure T/a Gala Bingo — 2019

The case was listed for a four-day hearing on 2 December 2019 at Bury St Edmunds before Employment Judge Cassel, sitting with Ms J Schiebler and Mr D Hart. The claimant did not attend and was not represented. The respondent was represented by Mr P Sands, Solicitor, and attended with a bundle of documents exceeding 440 pages.

The tribunal recorded that the claimant did not respond to attempts to exchange witness statements, emails or other correspondence from the respondent. The clerk telephoned the claimant on the numbers shown in the claim form after the case was called at 10.00am, but there was no response. The tribunal put the case back to 11.00am and then 12.00 noon, but the claimant still did not appear.

Mr Sands applied to strike out the claims under rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, relying on the claimant's failure to respond to correspondence, failure to comply with tribunal orders, and the contention that the claim had not been actively pursued. Having considered the documents and those submissions, the tribunal struck out the disability discrimination and constructive unfair dismissal claims. No remedy was awarded.