Marina Kitchen

Case Summary

The claimant brought claims for race discrimination and arrears of pay arising from his employment as a kitchen assistant from 18-23 March 2025. The claimant failed to attend a preliminary case management hearing on 23 April 2026, and the tribunal dismissed the claim under rule 47 of the Employment Tribunal Procedure Rules 2024.

The claimant failed to attend the preliminary hearing on 23 April 2026 without providing reasons. The tribunal exercised its discretion under rule 47 of the Employment Tribunal Procedure Rules 2024 to dismiss the claim, considering that the claimant had been aware of the hearing, failed to provide the required case management agenda form, did not respond to contact attempts, and the respondent company had been dissolved on 7 April 2026.

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• •Whether claim should be dismissed for non-attendance at preliminary hearing
• •Application of rule 47 of Employment Tribunal Procedure Rules 2024

- 1 - EMPLOYMENT TRIBUNALS Claimant Respondent Mr D Al Baradan Marina Kitchen Heard at: Manchester On: 23 April 2026 Before: Employment Judge Kenward (sitting alone) Appearances For the Claimant: no appearance For the Respondent: Mr A Akhter (Director) JUDGMENT The Claim is dismissed under rule 47 of the Employment Tribunal Procedure Rules 2024 on the ground of the Claimant not having attended the hearing. REASONS 1. This case was listed for a case preliminary management hearing to clarify the complaints being raised and to give directions in the case. 2. The claimant failed to attend the hearing. 3. Rule 47 of the Employment Procedure Rules 2024 (the “ET Rules”) is in the terms set out below. “If a party fails to attend or to be represented at the hearing, the Tribunal may dismiss the claim.... 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”. 4. The power in rule 47 of the ET Rules must be exercised in accordance with the overriding objective in rule 3 of the ET Rules. The overriding objective is to deal with cases fairly and justly. This includes avoiding delay, saving expense and acting proportionately. - 2 - 5. This is a case where the Claimant gives the dates of his employment as a kitchen assistant as being between 18 and 23 March 2025. The Respondent was cited as Marina Kitchen which appears to be just a trading name rather than a legal entity. The Claimant alleges that, over the course of this period, a manager used racist language towards him and then assaulted him on 23 March 2025. 6. Early conciliation commenced through ACAS being notified of the prospective Claim on 6 May 2025. ACAS issued the early conciliation certificate on 17 June 2025. The ET1 Form of Claim was received by the Tribunal on 1 July…