Claimant v RefuAid
Outcome
Individual claims
Struck out for complete non-compliance with tribunal case management orders. The claimant failed to provide any information clarifying the basis of her race discrimination claim despite multiple orders and warnings, making it impossible for the respondents to know the case against them or for a fair hearing to proceed.
Struck out for complete non-compliance with tribunal case management orders. The claimant failed to provide required medical information about her claimed disability, failed to clarify the allegations, and did not comply with any orders, preventing preparation for a fair hearing.
Facts
The claimant brought claims for race and disability discrimination against a charity and three of its employees/former employees in June 2023. The basis of the claims was never made clear despite multiple case management hearings. The claimant did not attend three preliminary hearings on 7 June 2024, 10 December 2024, and 15 February 2025. Following the December 2024 hearing, Employment Judge Lumby made detailed orders requiring the claimant to clarify her claims, provide medical evidence of disability, and update her schedule of loss by 17 January 2025. The claimant failed to comply with any of these orders and provided no explanation, despite warnings that non-compliance could result in strike out.
Decision
The tribunal struck out the entire claim for complete non-compliance with case management orders under rule 38(1)(c). Employment Judge Cawthray found the magnitude of non-compliance was significant, the claim had caused disruption and prejudice to the respondents over 18 months, the claim remained so unclear that a fair hearing was impossible, and an unless order would be ineffective given the complete non-compliance despite prior warnings. Strike out was determined to be a proportionate response.
Practical note
Complete non-compliance with case management orders, particularly where a claim remains fundamentally unclear after 18 months and multiple warnings have been given, will result in strike out even for an unrepresented claimant with health issues where no medical evidence justifies the non-compliance.
Legal authorities cited
Statutes
Case details
- Case number
- 2302805/2023
- Decision date
- 19 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- RefuAid
- Sector
- charity
- Represented
- No
Claimant representation
- Represented
- No