Claimant v Orbital Express Launch Limited
Outcome
Individual claims
The claimant withdrew the unfair dismissal complaint as he had less than 2 years' service and therefore did not have the statutory right to claim ordinary unfair dismissal.
The claimant alleges he was dismissed because of his disability (CPTSD). The tribunal refused the respondent's application for strike-out or deposit order, finding the claim should proceed to a full hearing to determine whether the claimant was disabled and whether dismissal was because of disability.
Facts
The claimant worked for the respondent for approximately two months starting in September 2023. He disclosed a disability (CPTSD) to HR and management around mid-September 2023 and to an in-house solicitor in November 2023. He went off sick without submitting fit notes, his probation was not confirmed, and his employment was terminated. He brought claims of unfair dismissal and disability discrimination but failed to comply with tribunal orders to provide medical evidence and particulars of his claim, citing mental health difficulties.
Decision
The tribunal refused the respondent's application to strike out the discrimination claim or impose a deposit order. While acknowledging the claimant's conduct was unreasonable, the tribunal found it explicable due to his mental health. The tribunal held that a fair hearing was still possible and that there was no proper basis to conclude the discrimination claim had little or no reasonable prospect of success, as disability status and reason for dismissal required determination at a full hearing.
Practical note
Even where a claimant has unreasonably failed to comply with tribunal orders, strike out may be disproportionate where mental health difficulties provide explanation, the claim is now properly focused, and a fair hearing remains possible.
Legal authorities cited
Statutes
Case details
- Case number
- 8000760/2024
- Decision date
- 21 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No