Claimant v Cambridge Housing Society Ltd t/a Cambridge Housing Society Group
Outcome
Individual claims
Claim struck out for non-compliance with tribunal orders and failure to actively pursue claim. Claimant failed to disclose documents, prepare witness statement, or comply with multiple case management orders over a period exceeding two years despite adjustments including intermediary support.
Claim struck out for non-compliance with tribunal orders and failure to actively pursue claim. Claimant failed to disclose documents, prepare witness statement, or comply with multiple case management orders over a period exceeding two years despite adjustments including intermediary support.
Application to add sex discrimination claim made without particulars in November 2024. Entire claim struck out for non-compliance with tribunal orders and failure to actively pursue claim.
Facts
Claimant brought disability discrimination and reasonable adjustment claims against her former employer, a charitable housing society. She claimed to be disabled by ADHD (conceded), autism, dyslexia, PTSD, stress/anxiety and asthma. Events complained of dated back to January 2020. Over a period exceeding two years, the claimant repeatedly failed to comply with tribunal case management orders including providing disability impact statement, medical records, schedule of loss, document disclosure, and witness statement despite extensive adjustments including intermediary support. Final hearing listed for 6 October 2025 was postponed at claimant's request on 27 August 2025 as she had not prepared her case.
Decision
Tribunal struck out claim under rules 38(1)(c) and (d) for non-compliance with orders and failure to actively pursue claim. Judge found fair trial no longer possible within allocated trial window and it would be disproportionate to re-list, given substantial risk of further non-compliance, forensic prejudice to respondent from witness memory degradation over 6-7 years, wasted costs exceeding £10,000, finite tribunal resources, and claimant's own acknowledgment she had been advised claim had poor prospects of success.
Practical note
Even where a claimant has ADHD and extensive adjustments are made including intermediary support, persistent inability to comply with basic case management orders over years can justify strike out where fair trial is no longer possible and further delay would cause disproportionate prejudice and wasted costs.
Legal authorities cited
Statutes
Case details
- Case number
- 3305008/2022
- Decision date
- 13 October 2025
- Hearing type
- strike out
- Hearing days
- 0.5
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No