Ms H Chantler v No appearance and No representation Bob & Berts Perth Limited — 2024

The claimant had brought complaints of disability discrimination, failure to provide rest breaks, and unfair dismissal. A case management preliminary hearing was listed for 1 August 2024 to determine further procedure, but the claimant did not attend and had not made any application to postpone. The tribunal delayed the start of the hearing and the clerk attempted to contact the claimant by telephone and email, but there was no response.

The tribunal recorded that the complaints were wholly lacking in specification and that the claimant had not completed the requested agenda. Although the claimant had said on 23 July that she was complaining about failure to give proper breaks, disability discrimination because of mental health, and dismissal for raising health and safety concerns, the tribunal found the information provided remained too limited to allow meaningful case management in her absence.

Taking into account the information available, the multiple reminders of the hearing date, the absence of any explanation or postponement request, and the overriding objective, the tribunal concluded it was fair and just to dismiss the claim in its entirety under Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The judgment also noted that the claimant could seek reconsideration under rules 70 and 71 within 14 days if she could provide a proper explanation for failing to attend or seek a postponement.