Mrs Katarzyna Malgorzata Tusinska v Respondent — 2017

At a previous case management preliminary hearing on 25 May 2017, the claimant attended with her representative and the tribunal made orders for further information, a detailed schedule of loss, and lists of issues, with deadlines of 8 June 2017 and 23 June 2017 respectively. A further private preliminary hearing was then fixed for 30 June 2017, and a Polish interpreter was booked. The claimant sent only partial additional information on 8 June 2017 and did not provide the further particulars, schedule of loss, or list of issues. The respondents' solicitor complied with the tribunal's orders and sent his response and proposed list of issues in mid-June.

When the case was called on 30 June 2017, the claimant did not attend and was not represented. The clerk telephoned the claimant's numbers without success, the interpreter was discharged, and the Employment Judge converted the hearing into a final hearing under Rule 48. The respondents applied for dismissal under Rule 47, and alternatively strike out under Rule 37, but the judge dismissed the claim under Rule 47 because the claimant had failed, without proper explanation, to appear or be represented, had not complied with earlier tribunal orders, and appeared no longer to be actively pursuing the claim. The judgment records no substantive merits findings on the sex discrimination, unlawful deduction, working time, or written pay statement issues.