Claimant v Secretary of State for the Home Office

Outcome

Facts

The claimant brought claims including unfair dismissal and constructive dismissal against her employer, the Home Office, despite still being employed. She failed to comply with multiple case management orders made in August 2024, including providing additional information, a schedule of loss, and disclosure of documents. The claimant blamed her non-compliance on serious health issues causing blackouts and fatigue, and reliance on a union representative who failed to properly assist her. The respondent applied to strike out the remaining claims for non-compliance and failure to actively pursue the case.

Decision

The tribunal dismissed the unfair dismissal, constructive dismissal and 'other payments' claims following withdrawal by the claimant, who acknowledged she was still employed. The tribunal found the thresholds for strike out were met due to non-compliance with orders and failure to actively pursue claims, but refused to exercise its discretion to strike out the remaining claims. The judge accepted the claimant's explanations regarding her health condition and reliance on her union representative, found it was still possible to have a fair trial, and concluded that strike out would be disproportionate given the prejudice to the claimant.

Practical note

Legal authorities cited