Claimant v Barclays Bank UK PLC
Outcome
Individual claims
Claim struck out for non-attendance at final hearing under Rule 47. Claimant failed to attend, failed to provide required particulars despite orders, and failed to provide adequate witness evidence to support allegations capable of establishing discrimination.
Claim struck out for non-attendance at final hearing under Rule 47. Claimant failed to attend, failed to comply with orders for further particulars, and provided insufficient evidence to support any inference of sex discrimination.
Facts
The claimant brought race and sex discrimination claims against Barclays Bank relating to ten discrete allegations, including matters concerning a disciplinary hearing. The claimant failed to attend the scheduled three-day final hearing, apparently because he was in a probation period in new employment. He had previously failed to comply with orders to provide further particulars of his claims despite multiple orders from Employment Judge Massarella. His witness statement was extremely brief and did not provide factual support for his allegations.
Decision
Employment Judge Gardiner dismissed the claims for non-attendance under Rule 47. The judge found that proceeding to hear the respondent's evidence would serve no useful purpose given the claimant's failure to clarify his allegations despite orders, his failure to attend, and the lack of any detailed evidence capable of supporting an inference of discrimination.
Practical note
Claimants who fail to attend final hearings and have not provided adequate particulars or evidence to support their discrimination claims risk having their claims struck out under Rule 47, particularly where the tribunal considers hearing evidence would serve no useful purpose.
Legal authorities cited
Case details
- Case number
- 3200458/2024
- Decision date
- 25 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No