Cases3304714/2024

Claimant v Reed Specialist Recruitment Limited

8 October 2025Before Employment Judge Grahame AndersonBury St Edmundsremote video

Outcome

Other

Individual claims

Discrimination Arising from Disability (s.15)(disability)not determined

This is a preliminary hearing on the respondent's strike-out application. The substantive discrimination claim has not yet been determined. The tribunal refused to strike out the claim, finding the claimant has actively pursued it to the best of her ability despite health issues.

Facts

The claimant brought a discrimination claim but repeatedly failed to comply with case management orders requiring her to provide medical records, disability impact statements, schedules of loss and particularisation of claims. She cited ongoing ill health including PTSD, surgery complications in July-August 2025, and safeguarding issues concerning her child. The respondent applied to strike out the claim for non-compliance with orders and failure to actively pursue.

Decision

The tribunal refused to strike out the claim. Despite multiple non-compliances, the judge found the claimant had actively pursued the claim to the best of her ability given her health difficulties. The claimant appeared to be in improved health and had obtained legal representation, and had provided some explanation for her failures to comply.

Practical note

Tribunals will be slow to strike out claims where a litigant in person can demonstrate genuine health difficulties preventing compliance with orders, particularly where there is evidence of improvement and steps taken to obtain representation.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 rule 38

Case details

Case number
3304714/2024
Decision date
8 October 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No