no appearance For the v Marina Kitchen — 2026

The case was listed at Manchester on 23 April 2026 for a preliminary case management hearing to clarify the complaints and give directions. The claimant had ticked boxes on the ET1 indicating complaints of race discrimination and arrears of pay. The judgment records that he gave his employment dates as 18 to 23 March 2025 as a kitchen assistant, and alleged that a manager used racist language towards him and assaulted him on 23 March 2025. The ET3 response took issue with his account and made counter-allegations.

The claimant did not attend the hearing. The tribunal was satisfied that he would have been aware of it because notice had been sent on 5 September 2025 to the legal representative then on record. His former representative later emailed on 7 April 2026 saying she no longer represented him and provided an email address for direct correspondence. No completed Case Management Agenda or other documents had been received from the claimant.

The start of the hearing was delayed while the tribunal clerk tried to contact the claimant by email, as no telephone number had been provided, but there was no reply. Employment Judge Kenward considered making directions in the claimant's absence, adjourning, or dismissing the claim. Applying rule 47 and the overriding objective, the judge dismissed the claim because further directions or an adjournment were likely to involve further delay and tribunal resources where there was no meaningful indication that the claimant was still actively pursuing the matter. No remedy was awarded.