Claimant v Qualitcare 24-7 Ltd

Outcome

Facts

The Claimant brought claims including automatic constructive unfair dismissal due to whistleblowing and religion discrimination. A final hearing was listed for June 2025 but the Respondent's representatives (Peninsula) repeatedly failed to comply with case management orders to provide the final hearing bundle to the unrepresented Claimant. Despite multiple reminders and three separate case management orders, the final bundle was only provided electronically at 4:30pm the working day before the hearing with an incorrect index that did not match the contents. The Claimant could not access electronic documents as she only had a phone. A hard copy was eventually provided mid-morning on Day 2 of the hearing but the Claimant could not prepare adequately. She applied to strike out the Response for non-compliance with orders.

Decision

The Tribunal found that Peninsula had wilfully failed to comply with Tribunal orders and caused significant disruption, unfairness and prejudice to the Claimant and wasted Tribunal time. However, the Tribunal refused to strike out the Response because the default was attributable to the representatives rather than the Respondent itself, and a fair hearing was still possible with a postponement. The Tribunal drew attention to the power to make wasted costs orders against Peninsula and noted that further non-compliance would likely result in strike out. The final hearing was postponed to August 2025.

Practical note

Legal authorities cited