MacDonald Edinburgh Leisure v Edinburgh Leisure — 2023

The claimant had presented complaints of disability discrimination, but the tribunal described the claim as very brief and wholly lacking in specification. A case management hearing was listed by telephone for 7 June 2023 to discuss further procedure. The claimant had been told on 14 April 2023 that a case management preliminary hearing would take place on 14 June 2023, had been asked to complete an agenda, and did not do so. The hearing was later cancelled and rearranged after the parties were asked for availability, and the claimant replied that she had secured new employment but could make herself available on any date.

On 6 June 2023 the respondent provided the claimant with an agenda and expressly referred to the hearing the following day. The tribunal clerk then tried to contact the claimant by email and telephone on the morning of the hearing, but there was no response. The respondent applied for dismissal under Rule 47 for failure to attend.

The tribunal recorded the available information, including the short notice for the hearing, the claimant's failure to advise of any difficulty attending, the reminder sent by the respondent, and the claimant's failure to contact the tribunal on the day. Taking into account the overriding objective and all the information available, the tribunal held it was fair and just to dismiss the claim in its entirety. The judgment also noted the claimant's right to seek reconsideration under Rules 70 and 71 if proper explanation were provided for the absence or failure to seek postponement.