Mr D. Weir v Transport UK East Anglia Limited and 1 other — 2025

Mr D. Weir was employed by Transport UK East Anglia Limited as a Senior Ticket Gate Operator from 7 July to 19 September 2024 and was dismissed during his probationary period. In the underlying claim form he alleged race discrimination and unfair dismissal. He said he had been dismissed for wearing a durag at work, which he said was necessary because of his hair type, and he also challenged the disciplinary process and appeal outcome. The respondents said the dismissal was for breach of the uniform policy and denied discrimination and victimisation.

The unfair dismissal claim had already been struck out on 20 February 2025 because the claimant lacked qualifying service. The case then proceeded only for case management and an amendment application. The tribunal had directed the claimant to identify the protected characteristic relied upon and to clarify aspects of his discrimination case and the proposed harassment and victimisation allegations, but he did not provide the further information sought by the respondent on 12 August 2025.

At the hearing on 20 August 2025 the claimant did not attend, did not respond to telephone calls or emails from the tribunal, and had not applied for a postponement. Employment Judge Massarella considered Rule 47 of the Employment Tribunals Procedure Rules 2024 and the approach in Roberts v Skelmersdale College [2004] IRLR 69, and exercised the discretion to dismiss the case because the claimant's absence meant the amendment application and clarification of the case could not be dealt with justly. No remedy was awarded, and the judgment notes the claimant's right to seek reconsideration or appeal.