Claimant v Department for Environment, Food and Rural Affairs
Outcome
Individual claims
The claim was the subject of a strike-out application but the tribunal dismissed the application, finding a fair trial was still possible and strike-out would be disproportionate. The substantive claims (including failure to make reasonable adjustments and/or provide auxiliary aids) have not yet been determined as the tribunal was addressing the respondent's procedural strike-out application.
Facts
The claimant brought disability discrimination claims (primarily failure to make reasonable adjustments) against her employer DEFRA. Following case management directions in November 2022, the claimant failed to comply with orders to identify and clarify her claims until 14 June 2023, a delay of six months. The respondent applied to strike out the claims on the basis of unreasonable conduct, failure to actively pursue, and that a fair trial was no longer possible. The claimant attributed her non-compliance to psychological inability to use her laptop due to her medical condition.
Decision
The tribunal found the claimant had conducted the litigation unreasonably and failed to actively pursue the claims between January and June 2023. However, it dismissed the strike-out application because a fair trial was still possible and strike-out would be disproportionate given the claimant's belated attempt to comply. Further directions were given to finally identify all claims.
Practical note
Even where a litigant in person has engaged in unreasonable conduct and delayed compliance with case management orders for six months, strike-out may be disproportionate if they eventually attempt compliance and a fair trial remains possible in substance, despite the additional time and expense to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 1401787/2021
- Decision date
- 15 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No