Cases2303401/2024

Claimant v United Learning Trust

10 August 2025Before Employment Judge M AspinallLondon Southremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(race)struck out

Claim struck out for failure to comply with the express terms of the Unless Order made on 25 June 2025. The claimant failed to provide a proper list of issues setting out the legal and factual basis for each head of claim, instead providing only extensive cross-references to other documents. The tribunal found the claimant had also failed to follow proper amendment procedures and had engaged in an abuse of process.

Direct Discrimination(race)struck out

Struck out for failure to comply with Unless Order requiring proper particularisation of claims by 2 July 2025. The claimant's revised list of issues contained 118 separate cross-references rather than a clear statement of the factual and legal basis for the harassment claims, rendering the case unmanageable.

Indirect Discrimination(race)struck out

Struck out for non-compliance with Unless Order. Persistent procedural defaults over 15 months demonstrated disregard for tribunal processes and made a fair trial no longer possible.

Harassment(race)struck out

Struck out for failure to comply with Unless Order. Paragraph 39 of the revised list of issues contained 79 individual paragraph references and 39 paragraph ranges (118 total cross-references) instead of providing the required factual and legal basis, exemplifying the fundamental failure to comply with case management directions.

Victimisation(race)struck out

Struck out for non-compliance with Unless Order and persistent case management failures dating back to September 2024. No good reason advanced for breach and no application for relief from sanctions made.

Discrimination Arising from Disability (s.15)(disability)struck out

Struck out for failure to comply with Unless Order. Claimant's solicitor submitted unauthorised amended particulars on 6 August 2025 without following proper amendment procedure, misrepresenting that permission to amend had been granted when only permission to apply had been given.

Direct Discrimination(disability)struck out

Struck out for non-compliance with Unless Order and alternative grounds under Rule 38. The history of non-compliance combined with current failures demonstrated persistent and serious default making fair trial impossible.

Failure to Make Reasonable Adjustments(disability)struck out

Struck out for breach of Unless Order. Claims remained poorly particularised despite multiple case management interventions and respondent faced significant difficulties in understanding the case to meet.

Automatic Unfair Dismissalstruck out

Automatic unfair dismissal claim for health and safety reasons under s.100 ERA 1996 struck out for failure to comply with Unless Order. The persistent procedural defaults over 15 months and demonstrated disregard for tribunal processes rendered continuation inconsistent with the overriding objective.

Facts

The claimant, a teacher employed by United Learning Trust from approximately 2018 until 2024, brought extensive claims of race and disability discrimination, harassment, victimisation, and automatic unfair dismissal for health and safety reasons. The case suffered from serious case management difficulties from inception, with claims remaining poorly particularised despite orders from EJ Corrigan in September 2024. At a preliminary hearing on 25 June 2025, EJ Aspinall made an Unless Order requiring proper particularisation by 2 July 2025. The claimant's solicitor failed to comply, instead submitting a 'revised' list of issues consisting of extensive cross-references (118 in one paragraph alone) and unauthorised amended particulars on 6 August 2025, misrepresenting that permission to amend had been granted.

Decision

Employment Judge Aspinall struck out all claims for failure to comply with the Unless Order of 25 June 2025. The claimant failed to provide a proper list of issues setting out the legal and factual basis for each claim, instead providing only cross-references to other documents. The claimant's solicitor also attempted to circumvent proper amendment procedures by submitting unauthorised amended particulars. Alternatively, the judge would have struck out the claims under Rule 38 due to persistent procedural defaults over 15 months that made a fair trial impossible and demonstrated disregard for tribunal processes.

Practical note

Unless Orders must be complied with strictly and automatically result in strike-out on breach unless timely relief is sought; parties cannot circumvent proper amendment procedures by submitting unauthorised pleadings, and cross-referencing other documents does not satisfy an order to provide the legal and factual basis for claims in a list of issues.

Legal authorities cited

HM Prison Service v Liddle [2006] IRLR 203Henderson v Henderson (1843) 3 Hare 100Chandok v Tirkey [2015] ICR 527Selkent Bus Co Ltd v Moore [1996] ICR 836Denton v TH White Ltd [2014] EWCA Civ 906Blockbuster Entertainment Ltd v James [2006] IRLR 630Mohammed v Guy's and St Thomas' NHS Foundation Trust [2023] EAT 16Abegaze v Shrewsbury College of Arts and Technology [2009] UKEAT/0171/09/MAABolch v Chipman [2004] IRLR 140

Statutes

Equality Act 2010Employment Rights Act 1996 s.100Employment Tribunal Procedure Rules 2024 Rule 3Employment Tribunal Procedure Rules 2024 Rule 38(1)(c)Employment Tribunal Procedure Rules 2024 Rule 39

Case details

Case number
2303401/2024
Decision date
10 August 2025
Hearing type
preliminary
Hearing days
0.5
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Employment details

Role
Teacher
Service
6 years

Claimant representation

Represented
Yes
Rep type
solicitor