Dimitriu v Testerworld Ltd (t/a De Pharmaceutical) UKEAT/0088/19/OO

Appeal against the ET’s dismissal of the Claimant’s claims for notice pay and sex and nationality discrimination, following her failure to attend a hearing. Appeal dismissed.

The Claimant, a Romanian national, was employed and subsequently dismissed by the Respondent. She brought claims in the ET including for a failure to pay notice pay, and discrimination based on her sex and nationality. The Claimant and her husband, who was her representative but is not legally qualified, attended a preliminary hearing but did not attend the full hearing, which led the ET to dismiss the Claimant's remaining claims. An application for reconsideration was refused, and the Claimant appealed on various grounds including that the ET had erred in concluding that she had made a conscious decision not to attend the hearing, that the ET had failed to consider that there were unforeseen circumstances preventing her attendance, and that the ET should have considered adjourning the hearing.

The EAT held that the ET considered all relevant information and did not consider impermissible factors, that its conclusions were unarguably open to it to reach on the information provided, and there was no perversity, reliance on impermissible assumptions, or error of law in its conclusions.

http://www.bailii.org/uk/cases/UKEAT/2020/0088_19_1601.html

Published: 01/05/2020 15:43

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