Not in attendance For the v Respondent — 2019

This was a preliminary hearing before Employment Judge Alliott sitting alone on 10 July 2019. The claimant did not attend. The tribunal had previously directed the claimant on 16 March 2019 to provide a list of the events she said were acts of age or sex discrimination, and after she failed to comply an extension was granted until 31 May 2019. She still did not comply, and after a further notice on 23 June 2019 inviting objections by 1 July 2019, she again did not write in response.

The judge recorded that the claimant emailed on 9 July 2019 saying she would not attend because she felt intimidated, did not understand the process, and had a second job interview that day. The tribunal accepted that the real reason for non-attendance was the job interview and noted that she had not sought an adjournment or deferment for that reason. The judge also considered that, even allowing for the claimant being a litigant in person, the explanation did not justify absence.

The claimant’s age discrimination, sex discrimination, and victimisation claims were struck out under rule 37 of the Employment Tribunal Rules of Procedure 2013. The judge found both that she was in breach of tribunal orders and that the claims were not being actively pursued. The judgment states that the victimisation claim fell to be considered as an age/sex discrimination claim.

The remainder of the claim was dismissed under rule 47 because the claimant failed to attend. No compensation or other monetary award was made, and the judgment recorded that the claimant could apply for reconsideration in writing within 14 days of the decision being sent.