Crystalcare Cleaning Services Ltd

1 EMPLOYMENT TRIBUNALS Claimant: Mr M. Cadena Acero Respondent: Crystalcare Cleaning Services Ltd RECORD OF A PRELIMINARY HEARING Heard at: East London Hearing Centre (in private, by CVP) On: 1 December 2025 Before: Employment Judge Massarella Appearances For the Claimant: Did not attend and was not represented For the Respondent: Mr R. Pal (litigation consultant) JUDGMENT The judgment of the Tribunal is that: - 1. The Claimant having failed to attend or to be represented at the hearing on 1 December 2025, his claims are dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024. REASONS 1. The claim form was presented on 9 December 2024, after an ACAS early conciliation period between 8 November and 4 December 2024. The claims are of age discrimination, disability discrimination, and notice pay. 2. A preliminary hearing for case management was listed for 26 June 2025 before EJ Smyth. The Judge recorded as follows: 2 ‘The Preliminary Hearing today is postponed because of technological and language issues. The claimant joined the hearing, but both his camera and his microphone were off. It is unclear whether he could hear. After speaking to the claimant by telephone, the Tribunal’s clerk stated that the claimant is unable to turn his camera and microphone on, and he requires an interpreter because he speaks limited English. I note that in section 12.1 of the ET1 form the claimant does make a request for an interpreter. This request is repeated in section 1.4 of the claimant’s Case Management Agenda, albeit this was emailed for the first time on Sunday 22 June 2025. There was no attendance by Mr Jonhky Gregorio Martínez Aguilera, who according to the claimant was intending to attend the hearing as his Mackenzie Friend. In the circumstances, the Preliminary Hearing plainly could not fairly proceed as the claimant was unable t...