Din not attend, nor represented For the v Mr C Johnson, Tribunal Advocate — 2021

Ms Imoukhede presented claims for race discrimination, unfair dismissal and accrued unpaid holiday. The respondent’s case was that she had been dismissed for gross misconduct after allegations that she made malicious and harassing communications to a fellow employee, that the police matter was resolved by Community Resolution, and that the respondent then ran disciplinary proceedings. The tribunal noted that her grievance was not upheld and that her appeal was also not upheld.

The judgment recorded that the race discrimination claim had not been accepted because she had not served further information by the date ordered by Employment Judge Manley. By the final hearing on 6 August 2021, the claimant did not attend, had not complied with tribunal orders, and her representatives had come off the record after repeated unsuccessful attempts to contact her. The respondent attended with witnesses and documents.

Applying rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the judge was satisfied that the claimant had failed to engage with the proceedings and had not actively pursued her case. On that basis, all claims against the respondent were dismissed. The judge added that, if necessary, the claims would alternatively have been struck out under rule 37(1)(d).