Claimant v London Fire Brigade

Outcome

Facts

The claimant, a firefighter employed by the London Fire Commissioner since 2003 or 2006, brought claims of discrimination, harassment and victimisation based on sex, race and religion. An external investigation (CMP Report) upheld most of his internal grievance complaints in January 2025. The respondent failed to comply with tribunal orders to prepare a bundle and exchange witness statements by the required deadlines, deliberately choosing not to prepare for the final hearing scheduled for June 2025 while awaiting determination of its postponement application. The respondent cited the need to complete internal disciplinary proceedings against two key witnesses as the reason for seeking postponement.

Decision

The tribunal refused the claimant's application to strike out the respondent's response. While the tribunal found the respondent's conduct in failing to prepare for the hearing to be unreasonable and deliberate, it concluded that a fair hearing remained possible. The tribunal noted that the final hearing could not have proceeded in the allocated seven-day window in any event due to the volume of evidence (11 witnesses). Strike-out was held to be disproportionate, particularly given the serious nature of discrimination allegations and the impact on named individuals. The tribunal indicated that a costs award may be more appropriate.

Practical note

Legal authorities cited