Claimant v Franklin Silencers Ltd

Outcome

Facts

The claimant brought disability discrimination and harassment claims. Case management orders were made on 18 December 2024 requiring both parties to take steps by specified dates, with a preliminary hearing listed for 15 May 2025. The claimant provided further particulars and an impact statement on 19 February 2025 but did not provide medical records as ordered. The respondent failed to respond to correspondence. On 13 May 2025, the claimant applied to strike out the response. On 14 May 2025 (less than 7 days before the hearing), the respondent applied to postpone, which was granted. The claimant died on 10 June 2025. The claimant's estate applied for £300 plus VAT costs for the postponement.

Decision

The tribunal refused the costs application. Although the respondent's postponement application was made late and the reasons for the delay were inadequate, the judge found the claimant's solicitors had contributed to the situation by applying for strike-out on 13 May while themselves in breach of the order to supply medical evidence, potentially misleading both the respondent and the tribunal. There was fault on both sides.

Practical note

Legal authorities cited