Claimant v DFSI M25 Limited

Outcome

Facts

Claimant brought race discrimination and breach of contract claims in January 2022. Following a case management hearing in June 2023, the claimant was repeatedly ordered to provide fundamental information including dates of alleged discriminatory acts, details of race/caste allegations, schedule of loss, and witness statement. Despite multiple orders, warnings, and engagement from both respondent's solicitor and tribunal over nearly two years, the claimant responded to emails but never provided the required information. The April 2024 final hearing was postponed due to lack of preparation caused by claimant's non-compliance. The claimant insisted he had provided the information during the June 2023 hearing, but could not produce any evidence of this.

Decision

Tribunal struck out the claim under Rule 38(1)(c) for non-compliance with tribunal orders. Judge Illing found the threshold for breach was met given repeated failures over nearly two years despite clear warnings. While the claimant did engage by responding to emails, he never provided the core information needed. The tribunal concluded a fair trial was not possible given the evidential prejudice to the respondent (who could not prepare a defence without knowing dates/details), the substantial delay, and the disproportionate use of tribunal resources.

Practical note

Legal authorities cited