Claimant v ISS Facility Services Limited

Outcome

Facts

The claimant, represented by her sister (a lay representative), brought discrimination claims including a section 15 Equality Act claim (discrimination arising from disability). Despite repeated tribunal orders and opportunities dating back to April 2024, the claimant failed to properly particularise her section 15 claim. The tribunal had warned in October 2024 that failure to clarify could result in strike-out. The claimant alleged disciplinary action related to stress absences, being overlooked for promotion, and lack of notice for meetings, but failed to provide necessary detail even after further questioning.

Decision

The tribunal struck out the claimant's section 15 Equality Act claim on the basis it had no reasonable prospect of success under Rule 38(1)(a). Despite multiple opportunities and warnings, the claimant failed to sufficiently particularise what 'something arising' from her disability occurred and what specific unfavourable treatment was alleged, meaning the respondent could not receive fair notice and the tribunal could not properly determine the claim.

Practical note

Legal authorities cited