Mr R Lowdon v Mach Recruitment: 1804512/2022
JUDGMENT
All the claimant’s claims (race discrimination and disability discrimination) are DISMISSED.REASONS
[1]The claim form was filed on 25 August 2022. The claims of disability and race discrimination appear to be out of time, because they appear to have taken place in December 2021. There was no explanation in the claim form for why the claims were not made earlier.[2]There was no response from the respondent and the matter was listed for a hearing. The claim was listed for a final hearing in public by CVP to determine whether it would be just and equitable to extend time to hear the complaints of race and disability discrimination and, if so, to determine those complaints. The notice of hearing was sent to the email address of the Case No: 1804512/2022 claimant’s representative which had been provided on the claim form.[3]The tribunal has had no contact from the claimant or his representative since the claim was filed. Nobody attended today’s hearing. Unsuccessful efforts were made to contact the claimant’s representative by email and by telephone. The clerk remained in the CVP hearing room until 10.30am but the claimant and his representative failed to appear.[4]Even though no response has been filed, I have taken into account the fact that the claims appear to be out of time, that there is a lack of information provided in the claim form to support a finding that it was just and equitable to extend time and that the tribunal has had no contact from the claimant after the claim form was filed. Further, although some details of the race discrimination claim have been provided in the claim form, the basis for the claim for disability discrimination is unclear.[5]In the circumstances and in accordance with the overriding objective I determined that it is in the interests of justice to dismiss the claims.