Case 3310121/2021 · Employment Tribunal
Not present or represented For the v Mr P Croker, solicitor — 2022
- Case reference
- 3310121/2021
- Decision date
- 14 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyams
Parties
2 namedClaimant
Not present or represented For the
Respondent
Key findings
Tribunal's reasoningMr F Laghari ticked claims of race discrimination and religion or belief discrimination on the ET1. He also wrote in box 8.1 about wrongful and discriminatory dismissal, removal of shifts without notice, workplace discrimination, victimisation, harassment and a stressful working atmosphere. The tribunal noted that the first three paragraphs of box 8.2 were the only relevant parts for discrimination and could, in substance, be read as a claim of victimisation within section 27 of the Equality Act 2010.
By a case management order dated 14 January 2022, the claimant was required to provide further information by 4 February 2022 about harassment and direct discrimination, including details of what was said or done, by whom, to whom, when and where, and to identify any comparator. A preliminary hearing was listed for 24 June 2022.
The claimant did not answer three telephone calls made to the mobile number on the ET1 and was not present or represented. The respondent said he had not complied with the further-information order and had given no explanation. Applying rule 47 of the Employment Tribunals Rules of Procedure 2013, Employment Judge Hyams concluded that the claimant was not pressing the claims and that it was in the interests of justice for all claims to be dismissed.
The judgment stated that if the claimant had a good reason for not attending, he could apply for a review, but any such application would need evidence of that reason and compliance with the further-information order. No monetary award was made.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | Dismissed under rule 47 after the claimant failed to attend the 24 June 2022 hearing and had not complied with the further-information order; no merits finding was made. | Dismissed | Race | — |
| Religion or belief discrimination | Dismissed under rule 47 after the claimant failed to attend the 24 June 2022 hearing and had not complied with the further-information order; no merits finding was made. | Dismissed | Religion or belief | — |
| Victimisation | The tribunal said the first three paragraphs of box 8.2 could, pragmatically, be read as a victimisation claim within section 27 Equality Act 2010, but dismissed the proceedings because the claimant did not attend and had not complied with the case management order. | Dismissed | Race | — |
| Harassment | Dismissed with the rest of the proceedings under rule 47 after non-attendance and non-compliance with the order for further information. | Dismissed | Race | — |
| Wrongful dismissal | The claimant referred to wrongful dismissal in the ET1, but the tribunal dismissed all claims without a merits determination after the claimant failed to attend and had not complied with the order for further information. | Dismissed | — | — |
Legal tests applied
2 references- rule 47 Employment Tribunals Rules of Procedure 2013
- section 27 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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