Claimant v Metropolitan Police Service

Outcome

Facts

The claimant, a communications officer with the Metropolitan Police, brought claims for unfair dismissal, sex discrimination and race discrimination. The respondent applied for strike-out due to the claimant's repeated failure to comply with tribunal orders dated 11 July 2024. Despite multiple extensions and requests from the respondent, the claimant failed to provide required documents or progress the case. The claimant cited caring responsibilities and her solicitor's bereavement and illness as reasons for non-compliance, but no medical evidence was provided to explain the prolonged delay. On the scheduled final hearing date, the claimant was absent due to accompanying her mother to a hospital appointment and no postponement application had been made.

Decision

The tribunal struck out all claims under rules 37 and 38, finding total non-compliance with orders, failure to pursue the claim, and that a fair hearing was no longer possible. The tribunal rejected explanations based on caring responsibilities and solicitor difficulties, noting the claimant could have instructed another solicitor or complied herself. The tribunal concluded that lesser sanctions such as costs orders or unless orders would be insufficient, and that striking out was necessary to uphold the overriding objective of proportionality and avoiding further delay.

Practical note

Legal authorities cited