Claimant v SE Trains Limited
Outcome
Individual claims
Claim dismissed under Rule 47 for non-attendance. Claimant failed to attend day 2 of hearing despite tribunal encouragement and no medical evidence preventing attendance. Claimant alleged his suspension and disciplinary proceedings following sexual harassment allegations were a sham with fabricated documents.
Claim dismissed under Rule 47 for non-attendance. Claimant made adjustments request for pain following car accident which were accommodated. Claimant withdrew under protest citing discrimination arising from disability and Article 14 violations, but provided no medical evidence preventing attendance at remote hearing.
Facts
Claimant was dismissed following sexual harassment allegations made by a colleague (Ms X) that he showed an intimate video of her to another colleague. He was suspended and subject to disciplinary proceedings. Criminal proceedings followed resulting in what appears to be a conviction, with an appeal pending before the Court of Appeal. Claimant alleged the allegations were fabricated and documents falsified. He brought claims of unfair dismissal and disability discrimination.
Decision
Claim dismissed under Rule 47 after claimant failed to attend day 2 of the hearing. Tribunal found claimant's non-attendance was deliberate and unreasonable, not supported by medical evidence. Claimant withdrew 'under protest' intending to seek judicial review, which tribunal indicated was misconceived. Tribunal balanced interests and found dismissal was in interests of justice given respondent prejudice.
Practical note
A claimant who deliberately absents themselves from a hearing without good medical reason, even if acting under a legal misconception about judicial review rights, risks dismissal of their claim under Rule 47 where the tribunal finds the conduct unreasonable and considers respondent prejudice.
Legal authorities cited
Statutes
Case details
- Case number
- 2208807/2022
- Decision date
- 29 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No