Mrs G. Alexander-Wight v Barts Health NHS Trust — 2019

The Claimant brought claims described as constructive (unfair) dismissal, breach of contract for notice pay, a redundancy payment, holiday pay and other payments. The Respondent resisted the claims in their entirety. The case was listed for a three-day full merits hearing beginning on 21 August 2019.

Before the hearing, the Claimant made two postponement applications. The first relied on High Court proceedings concerning Nursing and Midwifery Council decisions and was refused. The second relied on medical evidence concerning suspected sciatica. The Tribunal found that the available medical evidence did not support the Claimant's assertion that she was not fit to prepare for or attend the hearing, and the hearing remained listed.

The Claimant did not attend the hearing, did not provide a witness statement, and did not respond to telephone enquiries or further correspondence. The Tribunal considered whether to proceed in her absence or adjourn, but found that the constructive dismissal claim could not properly be determined without her evidence and that relisting would cause delay and further burden. The Tribunal dismissed the claims under rule 47 because the Claimant neither attended nor was represented at the hearing.