Mr G Micu v KIngspan Ltd Heard: In Leeds by CVP video link — 2023

The claimant presented complaints of race discrimination and unfair dismissal on 13 February 2023. A preliminary hearing had already taken place before Employment Judge Allen on 25 May 2023, and case management orders were made, but the claimant had not provided a schedule of loss, disclosure of documents, or witness statements. The respondent applied under Rule 37 on the basis that the claims had no reasonable prospect of success, there had been non-compliance with tribunal orders, and the proceedings had been unreasonably conducted.

At the hearing on 7 November 2023 the claimant did not attend. The tribunal clerk telephoned the number given on the ET1, but it was invalid. The final hearing was due to begin on 13 November 2023, leaving only three working days, and the judge noted there was no time to make a deposit order or unless order. The reasons also record an indication through ACAS that the claimant had returned to Romania.

Employment Judge Shepherd was satisfied that there had been unreasonable conduct of the proceedings by the claimant and that the claims had not been actively pursued. The judge found that it was no longer possible to have a fair hearing and considered it fair to dismiss the claims that day and bring the proceedings to an end. The judgment notes that if the claimant had a genuine reason for non-attendance, he could apply for reconsideration and would need to address the reasons given in the judgment.