Did not attend and was not represented. For the v North Middlesex University Hospital NHS Trust — 2019

The claimant, a Ward Clerk employed by the respondent from 16 February 2004 until dismissal on 24 October 2019, brought claims for unfair dismissal, disability discrimination, notice pay, holiday pay and wrongful dismissal. The tribunal recorded that the claim form was vague and unparticularised, and that the claimant did not attend the 4 June 2021 hearing. It proceeded in her absence after rejecting her request for a postponement.

The tribunal traced repeated failures to comply with case management orders. An order of 10 August 2020 required the claimant to state what disability she relied on and to provide relevant medical reports or letters, but she did not do so. Although she later sent some medical correspondence on 11 January 2021, she still did not identify the disability or disabilities on which the discrimination claim depended. The tribunal also noted the claimant had not engaged properly with the preparation of a list of issues.

On that basis, the tribunal struck out all claims under rule 37 of the Employment Tribunals Rules of Procedure 2013, holding that they were not being actively pursued and had no reasonable prospect of success. It also held the claims were out of time: the claim was issued on 5 March 2020 after ACAS early conciliation between 21 January and 5 February 2020, so claims arising before 22 October 2019 were time-barred, there was no continuing act, and the tribunal did not exercise its discretion to extend time under the just and equitable test in section 123 of the Equality Act 2010. The tribunal referred to Robertson v Bexley Community Centre t/a Leisure Link and Chandhok & Anor v Tirkey in its reasoning.