Mr I Gabbidon v Regency Homes Limited — 2020

Mr I Gabbidon presented claims for unfair dismissal, race discrimination, age discrimination and holiday pay on 16 January 2020. Case management orders made on 19 March 2020 required further information on the discrimination claims and a remedy statement, and later orders made by Employment Judge Jones on 15 June 2020 required documents, a schedule of loss and witness statements by set dates. The claimant provided further particulars on 19 June 2020, but he did not provide documents, a schedule of loss or a witness statement.

The hearing on 27 August 2020 proceeded as an application by the respondent to strike out the claims. On the morning of the hearing the claimant emailed saying he had a medical emergency and asked for an adjournment, but he did not explain what the emergency was. The tribunal refused to adjourn, noting that the material sent did not support the assertion of an emergency and that the claimant had not given any proper explanation for his absence or for the lack of preparation.

The tribunal rejected the respondent's submission that the claims had no reasonable prospects of success. It held, however, that the claims should be struck out because they had not been actively pursued and because the claimant had failed to comply with three tribunal orders without good reason. The tribunal found that the claimant had done nothing to progress the case after 19 June 2020, and that a fair hearing would not be possible in those circumstances. No merits findings or remedy were made.