Claimant v AO World plc
Outcome
Individual claims
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Claimant's claims were struck out for non-compliance with an unless order made by Employment Judge Leach on 11 July 2024. The claimant failed to provide the required medical evidence and records by the deadline of 6 September 2024. Relief from sanctions was refused.
Facts
Ms Patel worked as a Project Consultant for AO World plc from September 2019 until March 2022, having been absent from work from November 2019 after not completing probation. She brought two claims in 2021 and 2022, alleging discrimination on grounds of disability and sex, harassment, unfair dismissal, and wage-related claims. After repeatedly failing to comply with tribunal orders, her claims were struck out for non-compliance with an unless order requiring medical evidence by 6 September 2024. She applied for relief from sanctions.
Decision
The tribunal refused relief from sanctions. Although the claimant's failure to comply was not deliberate and was health-related, the tribunal considered the extensive procedural history involving multiple postponements, all health-related, the significant prejudice to the respondent and other tribunal users, and GP advice indicating the claimant would need a further six-month stay. The interests of justice, considering the overriding objective, favoured refusing relief despite prejudice to the claimant.
Practical note
Even where non-compliance with an unless order is health-related and non-deliberate, relief from sanctions may be refused where there is a lengthy history of postponements, ongoing unfitness, significant prejudice to the respondent and tribunal system, and no realistic prospect of an imminent final hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2402344/2020
- Decision date
- 30 May 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- AO World plc
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Project Consultant
- Service
- 3 years
Claimant representation
- Represented
- No