Mr M Hunte v Morrison Data Services Limited — 2024

The claimant did not attend the first day of the final hearing on 23 April 2024. When contacted by the Tribunal, he said he was in hospital and referred to an earlier email seeking postponement because of sinus tachycardia, but he did not provide medical evidence or details about his hospital attendance, diagnosis, expected availability, or whether he could attend the remote hearing.

The Tribunal noted the procedural history, including previous case management hearings, a deposit order made for the discrimination complaints because they had been assessed as having little reasonable prospects of success, and an Unless Order requiring further details of the unlawful deduction of wages complaint and medical evidence about disability status. The claimant had informed the Tribunal on 14 April 2024 that he was ready for the hearing, but then applied for postponement on 17 April 2024 and did not respond to the respondent's objection or strike-out application.

The Tribunal considered proceeding in the claimant's absence under Rule 47 but concluded it needed evidence from him, particularly on disability status. It found that the claimant had not actively pursued the claim, had conducted the proceedings unreasonably and vexatiously, and that, given the age of the allegations and likely delay if postponed, it was no longer possible to have a fair hearing. The claim was struck out and dismissed, and the remaining hearing dates were vacated.