C Lucas (sitting alone) Miss Atlanta McDonald v Respondent — 2018

The claimant presented an ET1 alleging that Lomond Fine Foods Limited had discriminated against her on the ground of disability. In the ET1 she referred to dismissal due to a medical condition and a possible malignant cancerous tumour, but she did not specify the disability relied on or identify the statutory basis of the claim with precision. The respondent denied that the claimant had a disability within the meaning of the Equality Act and said that her employment ended because she was unsuitable during her probationary period.

Procedural issues dominated the case. The claimant did not return a preliminary hearing agenda, sought postponements of case-management hearings, and did not comply with the tribunal’s request for confirmation of a claimed hospital attendance. For the rescheduled preliminary hearing on 22 June 2018, an email from a person said to be connected with the claimant sought postponement, but no proper contact was made with the tribunal and the claimant did not attend or arrange representation.

At the hearing, the Employment Judge considered the available options, including an unless order, a deposit order, strike-out, or dismissal under Rule 47. Having made reasonable enquiries into the claimant’s absence and taking account of her earlier failure to comply with tribunal requests, the judge exercised the discretion under Rule 47 and dismissed the claim in its entirety. The judgment records no findings on the underlying disability discrimination allegations and no monetary award was made.