Mr A. Vyas v Security Industry Authority — 2020

The claimant did not attend a preliminary hearing on 3 February 2020 and wrote instead that he would not attend due to health reasons. The tribunal told him that simply notifying the tribunal was not acceptable and ordered him to explain the absence and provide medical evidence showing that he had been too unwell to attend and when he would be fit to attend. It also asked him to provide evidence from a GP or other source about prognosis.

On 10 February 2020 the claimant sent a medical report, but it did not confirm that he had been too unwell to attend the hearing and did not give a prognosis. The report merely summarised medical records, including a note that he had attended on 4 February 2020 with foot pain. Employment Judge Speker then reviewed the correspondence on 21 February 2020 and gave the claimant further time, requiring a response by 4 March 2020 and confirmation that he wished to continue with his claim.

No further correspondence was received. The tribunal therefore struck out the claims under rule 37(1)(d) on the basis that they had not been actively pursued. The final hearing listed for 8 to 10 December 2020 was vacated.