Mrs Inderjeet Basran v Berkley Care Group Limited and 3 others — 2021

The hearing on 31 May 2022 was listed as a closed preliminary hearing to identify the correct respondents, clarify the issues, and set a preparation timetable. The claimant was not present or represented. The tribunal noted that the claimant did not comply with the request to provide telephone details for the converted telephone hearing, did not respond further to the tribunal, and had not complied with the earlier order for further particulars of her claim.

The judgment records that the claimant claimed race discrimination, but her complaint was described as vague and difficult to understand. The tribunal said there was no discernible cause of action against the third and fourth respondents. It also recorded that the claimant had resigned on notice on 29 October 2021, with employment ending on 12 November 2021, and that an application by the claimant's representative to amend the claim to add constructive dismissal and breach of contract was dismissed.

The tribunal considered whether to proceed in the claimant's absence and decided to do so. Applying rule 47 of the Employment Tribunals Rules of Procedure 2013, and taking account of the overriding objective in rule 2, the tribunal concluded that the claimant was not co-operating in identifying or preparing her claims. It found dismissal proportionate and appropriate in the circumstances and dismissed the claimant's claims. No merits findings or monetary award were made.