Miss D Middleton v Respondent — 2019

This was a case management preliminary hearing in Edinburgh on 6 September 2019 before Employment Judge I Atack. The claimant, Miss D Middleton, had brought claims of unfair dismissal and disability discrimination against Mitsubishi Electric Air Conditioning Systems. The respondent attended through its solicitor, Mr A Munro, but the claimant was not present and was not represented.

The tribunal recorded that the parties had been notified of the hearing date and that both had returned agendas. When the case was called, the clerk tried four times between 10.00 and 10.30 to contact the claimant, but was unable to do so. When the claimant still had not appeared at 10.30, the respondent asked the tribunal to dismiss the claims under Rule 47.

The tribunal noted that the respondent did not accept that the claimant had a disability within the meaning of section 6 of the Equality Act 2010. The judge considered whether the hearing should simply be adjourned to another preliminary hearing to decide disability status, but concluded that the claimant's absence meant the matters for case management could not sensibly be discussed. The judge also accepted the respondent's point that a further hearing would involve additional expense that might prove unnecessary.

Having considered the available information and the claimant's non-attendance, the tribunal dismissed both claims. The judgment also stated that, if the claimant had a reasonable explanation for not attending, she could apply for reconsideration within 14 days under Rule 71.