Ms Wyszynski v Department of Work and Pensions: 3312209/2023
JUDGMENT
[1]The claimant’s claims are dismissed in their entirety in accordance with Rule 47 of the Employment Tribunal Rules 2024.[2]This matter was listed for a final hearing due to take place over four days between 13 January 2025 and 16 January 2025.[3]The Employment Tribunal had written to the parties on 7 January 2025. EJ Cowan ordered that witness statements must be exchanged by 9 January 2025. The respondent provided their witness statements on 9 January 2025. The respondent attended the hearing and was ready to proceed. The claimant has failed to provide any witness statement in support of her claims. The claimant did not attend the hearing.[4]The Employment Tribunal within its letter of 7 January 2025 informed both parties that any application to postpone this hearing must be made on notice to the other party and must include (medical) evidence to support the reason for any such application.[5]The Employment Tribunal within its letter of 7 January 2025 informed both parties that today’s hearing remains listed.[6]The claimant had on 4 October 2024 made an application to postpone this matter however the claimant has not provided any medical evidence that would support the postponement of this hearing for reason relating to ill-health.[7]On the morning of 13 January 2025, the Tribunal requested that the Tribunal clerk contact the claimant and we were informed that there was no response. Our Tribunal clerk was directed to provide both a direct dial telephone number to the claimant and a link that would enable the claimant to attend the hearing remotely should she choose to do so. The Tribunal waited until 11.30 to allow the claimant a reasonable opportunity to attend.[8]The Tribunal received the following email from the claimant (not copied to the respondent) on 13 January 2025 at 10:11 AM: I missed a call from yourselves and am unable to get through to anyone on the number. I will not be attending the hearing today as I have tried to postpone on many occasions due to not having legal representation and my mental health drastically deteriorating. This will not be a fair trial. I am still waiting for postponement.[9]No medical evidence was attached to that email. The claimant did not joint the hearing by video link.[10]The Tribunal considers that :a. It is common place in the Tribunal for parties to be unable to secure legal representation. The claimant did not have legal representation at the previous hearing on 11 April 2024. The claimant has been aware of this final hearing date since April 2024 and has had a reasonable opportunity to secure legal representation should she have wished to do so. The Tribunal does not consider it in line with the overriding objective to deal with this matter fairly and justly to delay this final hearing further for this reason.b. The claimant has been aware of the steps required to prepare properly for this final hearing since April 2024. The written confirmation of the case management order was for today’s hearing. This is the claimant’s litigation and it is expected that she should comply with the orders of the Tribunal. The Tribunal does not consider it in line with the overriding objective to deal with this matter fairly and justly to delay this final hearing further for this reason.c. The claimant has not provided any medical evidence that supports her submission that this hearing should be adjourned for medical reasons. Further, there is no indication within the documentation that the claimant’s situation will improve within any foreseeable timeframe. The Tribunal does not consider it in line with the overriding objective to deal with this matter fairly and justly to delay this final hearing further for this reason.[11]The Tribunal concludes that:a. It is not possible to proceed with the hearing or conclude a fair trial within the allocated Tribunal window. The claimant is not in attendance. The claimant has not provided a witness statement in support of her claim.b. It is not in line with the overriding objective to deal with this matter fairly and justly to postpone this matter.c. The claimant’s claims are dismissed. Approved by: Employment Judge Skehan 13 January 2025 27 January 2025 For the Tribunal: …………….. All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-Tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/