Dismissed for unauthorised absence: race discrimination claims rejected
A former employee of John Lewis plc who was dismissed for unauthorised absence and failure to follow reporting procedures has lost her unfair dismissal and race discrimination claims. The tribunal also ordered her to pay £13,250 in costs.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was dismissed on 16 September 2021 for unauthorised absence and failure to follow absence reporting procedures.
- The claimant did not attend the final hearing and did not provide a witness statement.
- The tribunal found the dismissal was fair and within the range of reasonable responses.
- The race discrimination claims (harassment and victimisation) were dismissed as having no connection to the claimant's race.
- The claimant made multiple unsuccessful applications to postpone the hearing or attend remotely.
- The respondent was awarded costs of £13,250 due to the claimant's unreasonable conduct.
Timeline
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Hand delivery of disciplinary paperwork
Kate Inns hand-delivered disciplinary paperwork to the claimant's home and took a photograph of the door.
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Claimant's email to Kate Inns
The claimant emailed Kate Inns requesting suspension of the disciplinary meeting, citing possible discrimination.
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Claimant's grievance
The claimant raised a grievance against Kate Inns alleging breach of confidentiality, discrimination, and unfair treatment.
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Dismissal
The claimant was summarily dismissed for unauthorised absence and failure to follow absence reporting procedures.
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Case management hearing
A list of issues was prepared following a case management hearing before EJ Tinnion.
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Postponement application refused
EJ Quill refused the claimant's application to postpone the final hearing and ordered witness statements by 24 August 2023.
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Final hearing (Day 1)
The claimant did not attend; the tribunal heard evidence from respondent's witnesses and refused applications to postpone or attend remotely.
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Judgment on merits
The tribunal dismissed all claims, finding the dismissal fair and the race discrimination claims unfounded.
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Costs hearing
The claimant did not attend; the tribunal awarded costs of £13,250 to the respondent.
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Reconsideration refused
The claimant's application for reconsideration of the costs judgment was refused.
The legal issue
The tribunal had to decide whether the claimant's dismissal for unauthorised absence was fair, and whether the respondent's actions amounted to race discrimination (harassment and victimisation).
The outcome
The tribunal dismissed all claims, including unfair dismissal, race discrimination (harassment and victimisation). The dismissal was found to be fair because the claimant failed to attend work without authorisation and did not follow the absence reporting procedure. The race discrimination claims were dismissed as having no connection to the claimant's race. The claimant did not attend the final hearing or provide a witness statement, and made multiple unsuccessful applications to postpone or attend remotely. The respondent was awarded costs of £13,250 due to the claimant's unreasonable conduct in pursuing the claims.
Lessons & takeaways
- If you are dismissed for unauthorised absence, you must show that your employer acted unreasonably; failing to attend the hearing or provide evidence will make it very difficult to win.
- Race discrimination claims must be linked to your race; general allegations of unfair treatment without evidence of a racial motive are likely to fail.
- Repeated applications to postpone a hearing without good reason can lead to a costs order against you.
- If you are representing yourself, you must comply with tribunal orders and deadlines, or risk having your claims dismissed.
What this case shows in practice
This case illustrates the high bar claimants face when challenging a dismissal for unauthorised absence. The former employee of John Lewis plc was dismissed after failing to attend work and not following the company's absence reporting procedure. The tribunal found that John Lewis acted within the range of reasonable responses, meaning the decision to dismiss was one that a reasonable employer could have made.
The claimant also alleged race discrimination, harassment and victimisation. However, the tribunal found no evidence linking the respondent's actions to the claimant's race. The claims were dismissed as having no connection to race.
What the losing side could have done differently
The claimant's case was significantly weakened by her non-attendance at the final hearing and failure to provide a witness statement. She made multiple applications to postpone the hearing or attend remotely, all of which were refused. The tribunal noted that the claimant's conduct was unreasonable, leading to a costs order of £13,250 against her.
If you are considering bringing a claim, it is essential to engage with the tribunal process, comply with orders, and attend hearings. Failing to do so can result in your claims being dismissed and you being ordered to pay the other side's costs.
Why the result matters for similar claims
This case serves as a reminder that employers can fairly dismiss employees for unauthorised absence if they follow a reasonable procedure. It also shows that race discrimination claims require clear evidence of a racial motive. Without such evidence, tribunals will not infer discrimination from the fact of dismissal alone.
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