Mr Christopher Norris v Munro Leisure Investments Limited — 2024

The matter came before Employment Judge M Ord at a public preliminary hearing on 11 December 2023. The hearing had been listed to determine whether the claimant was a disabled person within the meaning of s.6 Equality Act 2010, after earlier orders required him to provide a schedule of loss, information about the impairment relied on, medical records relevant to disability, and any other supporting evidence. The claimant did not provide any information to the respondent and did not attend the hearing.

On the unfair dismissal complaint, the tribunal found that the claimant’s employment began on 5 June 2022 on his evidence, or 5 July 2022 on the respondent’s evidence, and ended on 31 March 2023. On either version, he had not completed two years’ continuous employment, so the qualifying period in s.108(1) ERA 1996 was not met. The tribunal said it therefore had no jurisdiction to hear the unfair dismissal complaint. The order recorded that complaint as struck out.

On the disability discrimination complaint, the tribunal noted the claimant had not complied with the earlier orders, had not engaged with the tribunal process after the preliminary hearing on 14 September 2023, and had not attended the listed hearing. The tribunal found the claim had not been actively pursued and that there was no evidence supporting the claimant’s assertion that he was disabled at the material time. The complaint of discrimination on the protected characteristic of disability was struck out under Rules 37 and 47 of the Employment Tribunal Rules of Procedure 2013. No remedy was awarded.