Mrs J Clinton v J Walker T/a The Black Bull: 4106017/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4106017/2019Venue GlasgowHearing 15 August 2019
Mrs J ClintonClaimantJames Walker trading as “The Black Bull”Respondent
Employment Judge M WhitcombeMr W McParland for claimant(Solicitor) for claimantMs Q Munir for respondent(Solicitor) for respondentDate 16 October 2019

JUDGMENT

The judgment of the Tribunal is as follows.(1) The claimant’s application to amend the claim to add a complaint of indirect sex discrimination is granted.(2) The claim for indirect sex discrimination was presented within the period specified by section 123(1)(b) of the Equality Act 2010 because, although presented outside the primary limitation period, it was presented a just and equitable other period. The Tribunal therefore has jurisdiction to hear it. Case No.: 4106017/2019 Page 2 15 10 25 20 the claimant did not attend the hearing. The Judgment of the Tribunal is that the claim shall be dismissed under rule 47 as James Mrs J Clinton 3 2 E.T. Z4 (WR) on the grounds that there had been a failure to comply with orders and a The respondent made an application for strike out of the claim on 1 1 October representative? intended The Tribunal wrote to the claimant on 3 October and asked the claimant if she requesting an order under rule 31 for information. had not complied failed to respond. The respondent indicated on 1 October that the claimant they had made a number of requests for instructions, claimant's The claim had been listed for a hearing on 15, 16 and 17 October 2019. The Walker t/a the Black Bull to proceed JUDGMENT agents withdrew from acting on 27 September EMPLOYMENT Held In Glasgow on 15 October 2019 There was no reply to that letter. Employment with case management Case No: 4106017/2019 with the claim OF THE EMPLOYMENT

REASONS

TRIBUNALS Judge: Susan Walker unrepresented (SCOTLAND) directions TRIBUNAL Solicitor Mr Lane - Represented Respondent Not represented Not present and Claimant and indicated but the claimant had or engage 2019 stating that another by: it was 20 15 10 6 5 4 correct and that the claim should be dismissed Having reviewed all the information he said it was clear the claimant did not intend to proceed with her claim. simply be dismissed The claimant did not attend and therefore first day of the hearing would only deal with the application concerned to check if she planned The day before the hearing, the T ribunal attempted to telephone application failure to actively to avoid unnecessary be considered pursue under rule 47 as the claimant had failed to attend and, to attend but the telephone at the start of the hearing. the expense and therefore directed that that the claim. before me, I concluded that Mr Lane was Judge Mr Lane requested under rule 47. Robison was hung up. I was directed to strike out. that the claim the claimant that that