Ms Natalie Lawrence v Rohit Vikal PRELIMINARY HEARING BY TELEPHONE — 2023

This was a preliminary hearing by telephone on 18 January 2023 before Employment Judge Gumbiti-Zimuto. The claimant did not attend and was not represented. The respondent attended in person but did not answer the telephone call when the hearing was called. The judge considered the papers and proceeded in the parties' absence.

The claimant had commenced employment with the respondent on 5 April 2021 and was dismissed after returning to work following a short period of sickness absence. She alleged that she had made protected disclosures about health and safety matters, including disclosures to the respondent and to Waverley Borough Council, and said she was dismissed because of those disclosures. The claim form included unfair dismissal, whistleblowing, unpaid wages, holiday pay, and breach of contract.

The tribunal noted that the claimant had previously failed to attend a case management hearing on 12 August 2022, when the tribunal considered striking out the claim for lack of active pursuit. After the claimant explained that she had made an error in noting the date, the claim was relisted. The hearing was to be conducted by telephone, and the claimant had been told this on 1 January 2023. The respondent asked for a postponement on 4 January 2023 and again on 17 January 2023, but the application was refused because no sufficient explanation for postponement was given.

Having regard to the history of the proceedings and the absence of any response from the claimant at the hearing, the tribunal concluded that the claim was not being actively or conscientiously pursued. It therefore dismissed the claim pursuant to rule 47 of the Employment Tribunals Rules of Procedure 2013. No merits findings or monetary awards were made.