Mrs S Aziz v Highams Park Academy Trust — 2023

The claimant brought claims described in the judgment as unfair dismissal (constructive dismissal), race discrimination, pregnancy or maternity discrimination, and religion or belief discrimination. A preliminary hearing was listed for 27 September 2023. The claimant did not attend and was not represented; the respondent attended through counsel. The tribunal recorded earlier case-management directions requiring the claimant to provide a witness statement on timeliness and extension issues and to pursue her amendment application, but no witness statement was sent.

The clerk attempted to contact the claimant by telephone and email on the morning of the hearing, but there was no response. At 12.25pm, after allowing time for a late appearance or contact, the tribunal dismissed the claim under Rule 47 of the Employment Tribunal Rules because the claimant had been absent without explanation and it was not appropriate to proceed in her absence. The judge noted that the tribunal could not clarify the claims, hear the amendment application, or deal with the respondent's applications.

In the alternative, the judge said the claim would have been struck out under Rule 37(1)(d) as not actively pursued. The reasons given were the claimant's failure to provide the ordered witness statement, her lack of communication with the tribunal or the respondent since July 2023, the inability to progress the case to a final hearing without her attendance, and the prejudice caused to the respondent by delay. No findings were made on the merits of any claim and no award was recorded.