Mr Szymon Sieja v Kovacs Group Limited — 2021

Mr Szymon Sieja worked for a third party via Kovacs Group Limited as a warehouse operative between 13 May 2020 and 11 July 2020. He presented an ET1 on 5 July 2020 after early conciliation, and the background to the judgment records claims including direct race discrimination/harassment and unlawful deduction of wages. At a preliminary hearing on 27 September 2021, the issues were refined and clarified, and parts of the claim were dismissed on withdrawal.

The final hearing took place remotely by CVP on 13 June 2022 before Employment Judge Michell, Mr J Williams and Mr S Holford. The claimant did not attend and gave no notice of his absence. The tribunal had no hearing bundle or witness statements, because the parties had not prepared them, although Mr Kovacs attended for the respondent and supplied some documents. The tribunal recorded that attempts to contact the claimant during the hearing using a telephone number provided by the respondent were unsuccessful.

In those circumstances, the tribunal concluded that the claims should be dismissed because the claimant was not actively pursuing them and had given no reason for his absence. The judgment states that each of the claimant's claims against the respondent was dismissed. The reasons also note, without affecting the outcome, that it might have been useful for the respondent to have tried to contact the claimant during the preceding eight months about whether he wished to pursue the case and how he intended to comply with directions.