Claimant v Transport UK East Anglia Limited
Outcome
Individual claims
Struck out by Employment Judge Gardiner on 20 February 2025 owing to lack of qualifying service. The claimant had less than two years' service required to bring an ordinary unfair dismissal claim.
Struck out for non-pursuit under Rule 47. The claimant failed to attend the preliminary hearing on 20 August 2025 without explanation despite clear notice, having also failed to attend a previous hearing on 13 June 2025. The tribunal considered this a waste of scarce resources and respondent costs.
Facts
The claimant, a Senior Ticket Gate Operator employed for just over two months during his probationary period, was dismissed on 19 September 2024 for wearing a durag (head covering) at work contrary to uniform policy. He claimed this was race discrimination as the head covering was necessary because of his hair type, and that others were permitted similar coverings. The respondents maintained the dismissal was solely for policy non-compliance and was not race-related. The claimant's unfair dismissal claim was struck out for lack of qualifying service and he sought to amend his discrimination claim.
Decision
The tribunal dismissed the entire case under Rule 47 for non-attendance. This was the claimant's second failure to attend a hearing without explanation. The judge could not fairly proceed with the amendment application in the claimant's absence as it required his input to clarify his case, and listing another hearing would waste scarce tribunal resources. The claimant was advised of his right to apply for reconsideration.
Practical note
Persistent non-attendance at hearings without explanation, even in discrimination cases, will result in strike-out under Rule 47, particularly where the claimant bears the burden of persuading the tribunal (e.g. on amendment applications) and cannot do so in their absence.
Legal authorities cited
Case details
- Case number
- 6017091/2024
- Decision date
- 20 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Senior Ticket Gate Operator
- Service
- 2 months
Claimant representation
- Represented
- No