Cases3304459/2024

Claimant v Superdrug Stores Plc

11 March 2025Before Employment Judge S. MatthewsWatfordremote video

Outcome

Claimant fails

Individual claims

Indirect Discrimination(race)dismissed on withdrawal

Claim dismissed for non-pursuit after claimant failed to attend the hearing without explanation and had no communication with the tribunal since filing the ET1.

Harassment(race)dismissed on withdrawal

Claim dismissed for non-pursuit after claimant failed to attend the hearing without explanation and had no communication with the tribunal since filing the ET1.

Victimisationdismissed on withdrawal

Claim dismissed for non-pursuit after claimant failed to attend the hearing without explanation and had no communication with the tribunal since filing the ET1.

Unfair Dismissaldismissed on withdrawal

Claim dismissed for non-pursuit after claimant failed to attend the hearing without explanation and had no communication with the tribunal since filing the ET1.

Unlawful Deduction from Wagesdismissed on withdrawal

Claim dismissed for non-pursuit after claimant failed to attend the hearing without explanation and had no communication with the tribunal since filing the ET1.

Facts

Claimant brought claims of indirect race discrimination, harassment related to race, victimisation, unfair dismissal and unlawful deduction of wages against Superdrug Stores Plc. The claimant failed to attend the CVP hearing despite being contacted by the tribunal. The tribunal had received no communication from the claimant since the ET1 was filed, and the respondent had received no response to its correspondence. The tribunal clerk attempted to contact the claimant on the day but received no response.

Decision

The tribunal dismissed all claims for non-pursuit. The judge concluded it was in the interests of justice to dismiss given the claimant's complete lack of communication and failure to attend without explanation. The judge waited until 14:15 before starting the hearing in the claimant's absence.

Practical note

Tribunals will dismiss claims for non-pursuit where a claimant fails to attend a hearing without explanation and has shown no engagement with the proceedings.

Case details

Case number
3304459/2024
Decision date
11 March 2025
Hearing type
dismissal on withdrawal
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No