Claimant v Vitalograph Ltd
Outcome
Individual claims
The respondent's defence on liability was struck out under Rule 38 for unreasonable conduct, non-compliance with three tribunal orders regarding witness statement exchange over 13 months, and because it was no longer possible to have a fair hearing. The tribunal entered judgment for the claimant on unfair dismissal. The respondent repeatedly failed to serve witness statements despite directions dated 8/9/23, 20/3/24, and 25/9/24, only serving them one day before the final hearing, fatally prejudicing the claimant's ability to prepare.
Facts
The claimant, a Polish national working remotely in technical support from Northampton, was dismissed in April 2023. The respondent relocated his role to its Ireland premises as part of post-Brexit restructuring. The respondent repeatedly failed to serve witness statements despite three tribunal orders over 13 months (directions dated 8/9/23, 20/3/24, and 25/9/24), only serving them one day before the final hearing on 22/1/25. The claimant, a litigant in person whose first language is not English, argued he was fatally prejudiced in his trial preparation.
Decision
The tribunal struck out the respondent's defence on liability under Rule 38 for unreasonable conduct, non-compliance with orders, and because a fair hearing was no longer possible. Judgment was entered for the claimant on unfair dismissal. Reinstatement/re-engagement was refused as the role no longer existed in the UK. The compensatory award was limited to 16 weeks (£9,776 plus £300 LOSR = £10,076) due to failure to mitigate, as the tribunal found the claimant had not properly sought alternative work despite numerous available IT support roles.
Practical note
Repeated non-compliance with orders for witness statement exchange, especially when prejudicing an unrepresented claimant, can lead to strike-out even where the ultimate sanction is draconian, but tribunals will scrutinise mitigation efforts closely and limit awards where claimants fail to seek available alternative work.
Award breakdown
Award equivalent: 17.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3305122/2023
- Decision date
- 22 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Vitalograph Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Technical Support (remote)
- Salary band
- £30,000–£40,000
Claimant representation
- Represented
- No