Case 3200875/2021 · Employment Tribunal
N Gillen v Whitbread Group plc — 2022
- Case reference
- 3200875/2021
- Decision date
- 29 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anderson Members
- Panel members
- Ms P Alford, Ms M Legg
Parties
2 namedClaimant
N Gillen
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims of race discrimination, pregnancy and maternity discrimination, and unlawful deduction from wages. The final hearing had been listed at an earlier preliminary hearing attended by the claimant. The claimant later applied to postpone the hearing because she had started a new job and could not take annual leave in 2022; the application and renewed application were both refused.
The claimant did not attend the hearing on 29 November 2022. The tribunal clerk tried to contact her by telephone and email without response. The respondent said there had also been no acknowledgement from the claimant to several contacts since September 2022 or to tribunal communications about the hearing format and listing.
The tribunal considered its powers to dismiss, proceed in absence, or postpone. It dismissed the claims, finding that the claimant knew the hearing time and knew her postponement application had been refused, that no reason had been provided for non-attendance or postponement, that postponement would prejudice the respondent in costs and evidence terms, and that it was not practicable to continue in the claimant's absence where she needed to set out her discrimination case.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The judgment records claims of race discrimination and direct discrimination; the claim was dismissed because the claimant did not attend the final hearing. | Dismissed | Race | — |
| Pregnancy and maternity discrimination | The judgment describes this as pregnancy and maternity discrimination or maternity discrimination; the claim was dismissed because the claimant did not attend the final hearing. | Dismissed | Pregnancy and maternity | — |
| Unlawful deduction from wages | The judgment describes this as unlawful deduction from wages and unpaid wages; the claim was dismissed because the claimant did not attend the final hearing. | Dismissed | — | — |
Legal tests applied
2 references- Rule 47 to Schedule 1 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
- Rules 29 and 41
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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