Case 3322788/2021 · Employment Tribunal
Not present or represented For the v Respondent — 2022
- Case reference
- 3322788/2021
- Decision date
- 15 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hyams
Parties
1 namedClaimant
Not present or represented For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant's ET1 alleged race, disability and sex discrimination, unfair dismissal, and an additional 'other' claim linked to raising concerns about discrimination and later dismissal. The respondents said she had been engaged through Nicholas Howard Limited as a temporary Accounts Payable Administrator, working remotely and using her own laptop, and denied the factual allegations. The tribunal had earlier told the claimant that the ordinary unfair dismissal claim appeared to face the two-year service threshold under s.108 ERA 1996 unless she could show a protected disclosure dismissal point.
After the claimant emailed on 19 January 2022 saying the case was an interim relief application and that she had been unfairly dismissed for making protected disclosures, Employment Judge Quill ordered her to provide full details of the alleged protected disclosures by 24 March 2022. The claimant did not provide the ordered particulars despite follow-up correspondence from the respondents' solicitors on 16 May, 23 May and 24 May 2022 seeking the information and further particulars. She later asked for someone to attend the hearing and mentioned an interpreter, but the file did not show any interpreter request.
The relisted hearing took place by CVP on 13 July 2022. The claimant did not attend, and at 09:53 that morning emailed only that she was not able to join on her phone. Applying rule 47 and referring to Roberts v Skelmersdale College and Nyathi v Secretary of State for Justice, the judge concluded that she had had ample opportunity to attend and was not genuinely pressing the claims. He dismissed all of the claims and said any reconsideration application would need to explain her attendance efforts and answer the outstanding particulars; no remedy was awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The ET1 pleaded race discrimination. The tribunal dismissed the claim with all others when the claimant did not attend the relisted hearing. | Dismissed | Race | — |
| Disability discrimination | The ET1 pleaded disability discrimination. The tribunal dismissed the claim with all others when the claimant did not attend the relisted hearing. | Dismissed | Disability | — |
| Sex discrimination | The ET1 pleaded sex discrimination. The tribunal dismissed the claim with all others when the claimant did not attend the relisted hearing. | Dismissed | Sex | — |
| Unfair dismissal | The tribunal had previously raised the claimant's short service under s.108 ERA 1996. The claim was dismissed under rule 47 after non-attendance. | Dismissed | — | — |
| Other | The ET1 ticked the 'other type of claim' box and said the claimant had raised concerns of discrimination and was later dismissed. Later emails referred to protected disclosure and interim relief, but the tribunal did not determine a separate merits decision on that point. | Dismissed | — | — |
Legal tests applied
3 references- rule 47 Employment Tribunals Rules of Procedure 2013
- Roberts v Skelmersdale College [2003] ICR 1127
- Nyathi v Secretary of State for Justice UKEAT/0229/17/JOJ
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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