Mr JG McCormick v Amey Services Ltd: 2400813/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 47 The Claimant’s claim is dismissed under Rule 47.REASONS
[1]The Claimant was employed by the Respondent as an LGV driver from April 2013 until he resigned on 22nd May 2024. By way of an ET1 received on 7th February 2024, he claims disability discrimination and other payments.[2]The matter was listed for a hearing on 21st May 2024 before Employment Judge Ainscough. The Claimant was in attendance at that hearing. He clarified that his claim was for discrimination arising from disability. There is no explicit mention of the claim for other payments in the order but it is recorded that the only claim is the disability discrimination claim and Ms McGuire (who attended the earlier hearing) confirmed today that the Claimant indicated that he was not pursuing any claim for other payments.[3]Employment Judge Ainscough gave directions leading to a final hearing in January 2025. In addition, she gave directions leading to a preliminary hearing in relation to the issue of whether the Claimant was disabled within the meaning of section 6 of the Equlaity Act 2010. The Claimant was ordered to provide medical records and a disability impact statement. The matter was also listed for a hearing today (4th September 2024) to deal with the preliminary issue.[4]The Claimant complied with the order to an extent insofar as he did provide medical records. He has never provided a disability impact statement as ordered by the Tribunal. In the absence of any statement and having considered the Claimant’s medical records, the Respodent took the view that the disability issue would be contested.[5]The Claimant did not attend the hearing today. He was present on 21st May 2024 when a mutually convenient date for the preliminary hearing was agreed with the previous Judge. I am told by Ms McGuire that she has had email correspondence with the Claimant about the hearing. He was sent the bundle by email last week.[6]The Claimant has been contacted by my clerk both by telephone and email this morning. He has not replied. He answered the telephone the first time but then hung up before the purpose of the call could be explained to him. I have given him until 1045am to attend in the event that there was a traffic issue. I note that he lives in Altrincham which is a 30-minute journey from the Tribunal, an hour at best with traffic.[7]I am refered by Ms McGuire to the Tribunal’s power under Rule 47 of the Employment Tribunals Rules of Procedure 2013. That section provides as follows:[8]I will dismiss the claim under this provision. My clerk has made reasonable enquiries. I am satisfied that the Claimant knows about this hearing. He has made no attempt to contact anyone to give any reason for his non attendance. He has not complied with the Tribunal’s order to provide a disability impact statement. It is therefore appropriate to dismiss his claim.