Din not attend, nor represented For the v Respondent — 2023

The claimant presented a claim on 15 August 2022 alleging race and sex discrimination and professional negligence in relation to the restructuring of his employer's directorates. The tribunal listed the matter for a preliminary hearing to consider strike out on the basis that the claims had no reasonable prospect of success. The claimant also sought a postponement shortly before the hearing, saying he was house bound and unwell, but the notice of hearing was for 22 March 2023 and not the later date he mentioned in his email.

Regional Employment Judge Foxwell refused the postponement application on 16 March 2023 because it was unsupported by medical evidence. At the hearing, the claimant did not attend and did not provide medical evidence for his absence. The clerk contacted him and he confirmed that he would not be attending and said he did not understand how to participate by Cloud Video Platform; he was told telephone participation was another option, but he still did not participate.

Ms Stanley for the respondent was content for the claims to be dismissed under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal applied rule 47, considered the information available about the claimant's absence, and concluded that the claimant had failed to engage in the proceedings. It therefore dismissed all claims against the respondent. The judgment does not contain any findings on the underlying merits of the discrimination or professional negligence allegations.