Outcome
Individual claims
The claim under s.103A ERA 1996 (automatic unfair dismissal for protected disclosure) survived strike-out. The tribunal found that key elements had been set out in the claim forms: alleged protected disclosures on 29 January and 22 February 2022, breaches relating to withheld suspension pay and disciplinary measures in retaliation. The claim proceeds to a full merits hearing in January 2025.
Struck out for non-compliance with Employment Judge Glennie's orders to clarify the claim. Despite two opportunities to comply with clear directions to set out dates, events, persons involved and claim types, the claimant failed to provide coherent allegations. The tribunal found it was no longer possible to have a fair hearing on these discrimination claims.
Struck out for non-compliance with case management orders. The claimant provided voluminous but incoherent documentation mixing legal terminology without meaningful facts. The tribunal could not discern a coherent claim of race discrimination despite extensive attempts.
Struck out for non-compliance. The claimant was twice ordered to clarify her claims in simple terms but failed to do so, instead providing jumbled documentation using legal terminology without regard to the tribunal's clear directions.
Struck out for non-compliance with tribunal orders. After two opportunities to clarify the claims, the claimant failed to set out coherent allegations in the format directed by Employment Judge Glennie. A fair hearing was no longer possible.
Struck out along with other discrimination claims for non-compliance with case management orders. The claimant failed to provide coherent particulars despite clear directions, making a fair hearing impossible.
Struck out for non-compliance. The claimant mentioned harassment in her submissions but failed to provide coherent allegations in the ordered format. The tribunal could not identify clear factual allegations that could be determined.
Struck out for non-compliance with case management orders. Despite references to victimisation in the claimant's various submissions, no coherent claim could be discerned from the voluminous documentation provided.
Struck out as a separate claim. However, breach of contract issues (withheld suspension pay and retaliatory disciplinary measures) form part of the constructive dismissal claim under s.103A which proceeds to full hearing.
Struck out for non-compliance. References to monies owed from suspension pay were made but no coherent claim was particularised despite tribunal orders. These issues may be relevant to the surviving constructive dismissal claim.
Application for interim relief under s.128 ERA 1996 was dismissed by Employment Judge Hodgson on 7 December 2023. Different threshold test applies to interim relief than to the full merits hearing.
Facts
The claimant worked as a Residential Support Worker from April 2018 to March 2023. She raised a grievance in November 2021 and what she described as a whistleblowing email in January 2022. She went on sick leave from March 2022, never returning to work. She alleges she was subjected to disciplinary investigations in retaliation for protected disclosures, withheld suspension pay, and delays in grievance handling. She resigned in March 2023 claiming constructive dismissal. She brought three separate claims including allegations of unfair dismissal, multiple discrimination claims (disability, race, age, sex), and whistleblowing.
Decision
The tribunal struck out all discrimination claims for repeated non-compliance with case management orders requiring the claimant to clarify her claims. Despite two opportunities and clear directions from Employment Judge Glennie, the claimant provided voluminous but incoherent documentation mixing legal terminology without meaningful facts, making a fair hearing impossible. However, the tribunal refused to strike out the automatic unfair dismissal claim under s.103A ERA 1996, finding that key elements of a whistleblowing constructive dismissal claim could be discerned from the claim forms. The tribunal also refused the respondent's application for a deposit order on the surviving claim.
Practical note
Employment tribunals will strike out claims where litigants in person repeatedly fail to comply with clear case management orders to particularise their claims, but will preserve claims where core allegations can be identified from the pleadings, particularly in whistleblowing dismissal cases.
Legal authorities cited
Statutes
Case details
- Case number
- 3302498/2023
- Decision date
- 16 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Residential Support Worker
- Service
- 5 years
Claimant representation
- Represented
- No