Cases2227197/2024

Claimant v Shamal Overseas Shoreditch Ltd

3 October 2025Before Employment Judge WoodheadLondon Centralon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time. The tribunal found no reasonable excuse for non-attendance and the claimant's reconsideration application was refused as there was no reasonable prospect of varying the decision.

Direct Discrimination(sex)struck out

Dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time. The tribunal found no reasonable excuse for non-attendance.

Equal Pay(sex)struck out

Dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time. The tribunal found no reasonable excuse for non-attendance.

Whistleblowingstruck out

Dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time. The tribunal found no reasonable excuse for non-attendance.

Detrimentstruck out

Claims of dismissal or other unfair treatment after whistleblowing were dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time.

Holiday Paystruck out

Dismissed pursuant to Rule 47 after the claimant failed to attend the hearing on 3 October 2025 for the second time. The tribunal found no reasonable excuse for non-attendance.

Facts

The claimant brought claims including unfair dismissal, sex discrimination, equal pay, whistleblowing and holiday pay. He failed to attend a hearing on 3 October 2025 (for the second time, having also failed to attend in June 2025), and his claims were dismissed under Rule 47. He applied for reconsideration on 16 October 2025, claiming he was in Romania caring for his mother following neurosurgery, had lost communication means due to an unlawful eviction, and believed his claim had already been terminated. He submitted medical discharge papers showing his mother was discharged at 18:25 UK time on the day of the hearing.

Decision

Employment Judge Woodhead refused the reconsideration application on preliminary consideration under Rule 70(2), finding no reasonable prospect of the original decision being varied or revoked. The judge found the claimant had not lost means of communication (as evidenced by his submission of documents the night before), the discharge timing did not prevent attendance at 14:00, there was no evidence he was sole carer, and he had no reasonable basis to believe his claim had been terminated given tribunal correspondence.

Practical note

A claimant seeking reconsideration after dismissal for non-attendance must provide clear evidence of circumstances genuinely preventing attendance; assertions of caring responsibilities abroad will not succeed where the timeline and evidence show attendance was still possible, particularly for remote hearings.

Legal authorities cited

Flint v Eastern Electricity Board [1975] ICR 395Rackham v FIAP [2015] EqLR 680Lindsay v Ironsides Ray and Vials [1994] ICR 384Ministry of Justice v Burton and anor [2016] EWCA Civ 714Liddington v 2Gether NHS Foundation Trust EAT/0002/16

Statutes

Employment Tribunal Procedure Rules 2024 Rule 47Equality Act 2010 s.20-21Employment Tribunal Procedure Rules 2024 Rules 68-71

Case details

Case number
2227197/2024
Decision date
3 October 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
Yes

Claimant representation

Represented
No