Mr Nasir Seif v Gap Group Limited — 2025

Mr Nasir Seif worked as a driver for Gap Group Limited from November 2023 to June 2024. He presented an ET1 on 1 August 2024 complaining of race and religious discrimination. At a preliminary hearing on 5 June 2025, Employment Judge Reid identified two allegations of racial and religious harassment concerning statement one and statement two as potentially out of time, canvassed whether the Claimant wished to apply to amend the claim to include constructive dismissal (notice pay), and gave case management directions requiring further information, a schedule of loss, and evidence on delay.

The Claimant did not comply with those directions. By the hearing on 20 August 2025, he had not provided the requested material. He did not appear in the CVP waiting room at 10.00am. The tribunal clerk telephoned him, he said he had thought the hearing started at 11.00am, and he said he would log in, but he did not do so. The clerk then emailed the hearing link and PIN, called again, and during the adjournment emailed and left a voicemail warning that non-attendance could lead to dismissal. He still did not attend at 11.30am.

Employment Judge Barrett applied rule 47 of the Employment Tribunal Rules 2024 and considered the reasons for the absence and the surrounding circumstances. The Judge also referred to rule 38, Weir Valves and Controls (UK) Ltd v Armitage, and Evans v Commissioner of Police of the Metropolis. The tribunal found that the Claimant was aware of the hearing, had previously attended a remote hearing, and that his later non-attendance appeared deliberate. It held that the non-compliance was serious, caused disruption and prejudice to the Respondent, and meant that a fair final hearing could not be expected on the listed dates.

The tribunal concluded that the delay was inordinate and inexcusable, that the claims had not been actively pursued, and that no lesser sanction was proportionate. The Claimant’s claims were therefore dismissed under rule 47, the final hearing listed for 9 to 12 December 2025 was vacated, and the judgment recorded that he could apply for reconsideration within 14 days if he had a good reason for not attending.