Claimant v University Hospitals Sussex NHS Foundation Trust
Outcome
Individual claims
Claim struck out for non-compliance with tribunal case management orders. The claimant failed to provide disability impact statement, medical evidence, schedule of loss, or comments on List of Issues as ordered by Employment Judge Ramsden on 25 September 2024, despite warnings about consequences of non-engagement.
Claim struck out for non-compliance with tribunal case management orders requiring particulars and evidence to support the disability discrimination claims.
Claim struck out for failure to comply with case management orders. Claimant failed to provide impact statement or medical evidence required to establish disability status despite orders made at preliminary hearing on 25 September 2024.
Claim struck out for non-compliance with tribunal orders requiring engagement with the claim and provision of particulars.
Claim struck out for failure to comply with case management orders and failure to engage with the tribunal process.
Claim struck out for non-compliance with tribunal case management orders following failure to provide required particulars and evidence.
Facts
The claimant brought claims of disability discrimination (relying on back injury and stress/anxiety), sex discrimination and sexual orientation discrimination relating to incidents in 2021 and 2022. At a preliminary hearing on 25 September 2024, EJ Ramsden ordered the claimant to provide disability impact statement, medical evidence, schedule of loss, and comments on List of Issues. The claimant failed to comply with any of these orders and did not attend the hearing listed to determine disability status on 20 February 2025.
Decision
Employment Judge Davidson struck out all of the claimant's claims under Rule 38(1)(c) for failure to comply with tribunal case management orders. The claimant had been explicitly warned at the earlier preliminary hearing about the importance of compliance and the risk of strike out, but failed to engage with the tribunal process or provide any of the required information.
Practical note
Tribunals will strike out claims where claimants fail to comply with case management orders, particularly after clear warnings about the consequences of non-engagement, even in discrimination cases where strike out is generally a remedy of last resort.
Legal authorities cited
Statutes
Case details
- Case number
- 2301973/2023
- Decision date
- 20 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No