Mr D Wickham v Kiko Milano Stratford — 2022

The Claimant brought claims of unfair dismissal and discrimination based on race and sexual orientation. On 25 May 2022 Regional Judge Taylor ordered him to provide a schedule of loss by 6 July 2022 and to agree a list of issues by the same date, and also asked him to show cause why the unfair dismissal claim should not be struck out because he had less than two years' qualifying service on his own account and section 108 of the Employment Rights Act 1996 would therefore bar an ordinary unfair dismissal claim. The reasons record that no schedule of loss was filed and the Claimant did not engage with the Respondent in agreeing the list of issues.

The tribunal found that the Claimant did not respond to the strike-out warning sent on 6 September 2022 and did not attend the 26 September 2022 preliminary hearing. The tribunal clerk had telephoned the number given on the ET1, was told the Claimant was in a meeting, and sent joining details by email; the Respondent's solicitor attended but the Claimant did not. The tribunal noted that the hearing notices were clear and that the Claimant had had 19 days to make representations or request a hearing.

Applying rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, and referring to Weir Valves and Controls UK Ltd v Armitage and Rolls Royce plc v Riddle, the tribunal held that the Claimant had not actively pursued the case and that the failures were intentional and contumelious. It considered that the failures to comply with orders, the absence of any explanation or reassurance, and the failure to attend meant no lesser sanction was appropriate. The judgment therefore struck out the claims.