Claimant v Burberry Limited
Outcome
Individual claims
The claim was struck out because the claimant failed to comply with an unless order dated 19 February 2025 requiring him to provide by 27 February 2025 the basis of his direct disability discrimination claim, including details of the disability relied on, acts constituting less favourable treatment, dates, responsible individuals, and comparators. The claimant did not provide this information.
Facts
The claimant brought a claim for direct disability discrimination against Burberry Limited under two case numbers (2216907/2023 and 6011953/2024). On 19 February 2025, the tribunal issued an unless order requiring the claimant to provide by 27 February 2025 full particulars of his direct disability discrimination claim. The claimant was required to specify the disability relied upon, acts or omissions constituting less favourable treatment, dates, responsible individuals, and details of actual or hypothetical comparators. The claimant failed to provide any of this information by the deadline.
Decision
The tribunal struck out the direct disability discrimination claim under Rule 38(1)(c) of the Employment Tribunal Procedure Rules 2024 for failure to comply with the unless order. The claim cannot be reinstituted. The claimant's failure to provide basic particulars of his claim, despite being given a specific deadline and clear instructions, resulted in the complete dismissal of his case.
Practical note
Failure to comply with an unless order requiring particularisation of a discrimination claim will result in the claim being struck out with no possibility of reinstatement, even for unrepresented claimants.
Legal authorities cited
Statutes
Case details
- Case number
- 2216907/2023
- Decision date
- 16 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Burberry Limited
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No