Mrs K Miller v Mr R Belcher: 3311676/2023
JUDGMENT
[1]The claims for sexual discrimination, harassment (sexual) and unlawful deduction in wages are dismissed under Rule 47.REASONS
[1]Rule 47 to Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 states: ‘If a party fails to attend or 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.’ Case Number: 3311676/2023[2]On 2 April 2024 EJ Anstis directed the Claimant to provide ‘details of everything you say was harassment related to sex, setting out in date order… details of each and every detrimental (bad) thing you say was done to you because of sex, setting out in date order and … is there someone who you compare yourself with as being treated better than you [who does not have the same sex as you? [comparator].’[3]The Claimant has not provided this information.[4]On 16 April 2024, the Claimant failed to produce a schedule of loss. The Respondent emailed the Claimant three times to chase (17 April 2024 at 16:38; 24 April at 12:26; 13 May 2024 at 9:31).[5]The last contact the claimant has had with the Tribunal was in June 2024. The notice of hearing has been sent for this hearing. Although the time was changed, notification of this change was provided to all parties. The respondent was in attendance. On the day of the hearing the Tribunal clerk emailed the claimant again. The hearing was delayed to give the claimant time to attend. Despite all of these efforts there has been no communication or correspondence from the claimant. Approved by: