Ms A Porebska v Avara Foods Ltd: 1307852/2022
JUDGMENT
[1]Rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 provides: “Non-attendance 47. If a party fails to attend or to be represented at the hearing, the Tribunal may dismiss the claim or proceed with the hearing in the absence of that party. Before doing so, it shall consider any information which is available to it, after any enquiries that may be practicable, about the reasons for the party’s absence.”[2]The claimant and her representative failed to attend the scheduled Case Management Preliminary Hearing, having been properly notified in advance by a notice of hearing on 23rd September 2022 and a further reminder with joining details on 8th March 2023. This notice and reminder was sent by email to the address for the Claimants representative on the ET1 form and is in line with the Claimant’s stated preferred method of communication.[3]On 13th March 2023 the Claimant’s representative acknowledged receipt of an email from the Respondent’s representative confirming the Case Management Case Number: 1307852/2022 PHCM Order (NEW August 2020) 2 of 2 August 2020 Preliminary Hearing on 22nd March 2023 and attaching the bundle, Agenda and List of Issues for that hearing.[4]The Tribunal clerk has contacted the mobile telephone number given by the Claimant in the ET1 claim. The mobile number was unanswered.[5]Having considered all of the information available to the tribunal, I exercise my power under Rule 47 to dismiss the Claimant’s claim forthwith in its entirety.[6]If the parties wish to apply for the Judgment to be reconsidered they must write to the Tribunal within 14 days of the Judgment being sent to the parties explaining the reason for non-attendance and why reconsideration is necessary. Employment Judge L Knowles 22 March 2023 Case No: 1307852/2022 11.10 Judgment on reconsideration of judgment – hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Ms A Porebska Respondent: Avara Food Ltd Heard at: Birmingham Employment Tribunal On: 1st September 2023 Before: Employment Judge L Knowles Representation Claimant: Ms Diana Janusz (employment advisor) Respondent: Mr Tufail Hussain (litigation consultant) UPON APPLICATION made by letter dated 23rd March 2023 to reconsider the judgment dated 22nd March 2023 under rule 71 of the Employment Tribunals Rules of Procedure 2013[1]At the relevant times the claimant was not a disabled person as defined by section 6 Equality Act 2010 because of leg pain.[2]The claims of disability discrimination, specifically discrimination arising from disability, failure to make reasonable adjustments, direct disability discrimination and harassment related to disability are therefore dismissed. As they were the claimant’s only claims, the claimant’s claims are therefore dismissed and the hearing listed for 13 to 16 May 2024 will be cancelled.