Not present or represented For the v Mr David Arnold, representative (a governor of the respondent) — 2022

The claimant brought claims of unfair dismissal and age discrimination against Manor Lodge School. The tribunal noted that, whatever the precise employment dates, she had less than two years' continuous service by the date of dismissal. On that basis it rejected the unfair dismissal claim under the Employment Rights Act 1996.

The age discrimination claim was pleaded on the basis that the claimant believed she had been dismissed because of her age and consequential cost. The respondent denied that allegation and said a restructured post had been advertised and offered to a candidate of similar age. On 12 September 2021 the claimant was ordered to identify the two older members of staff mentioned in her claim, but she did not comply with that order.

The claimant did not attend the 20 June 2022 hearing and neither she nor her proposed representative answered the tribunal's calls. Employment Judge Hyams applied rule 47 of the Employment Tribunals Rules of Procedure 2013, proceeded in the claimant's absence, and dismissed the remaining age discrimination claim. The tribunal said there was no explanation for the non-compliance or absence and that dismissal was in the interests of justice.