Cases2303018/2023

Claimant v Nuffield Health

8 January 2025Before Employment Judge McLarenon papers

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

The claimant failed to comply with a Tribunal Order sent on 03 October 2023 and failed to make representations or request a hearing as to why the disability discrimination complaint should not be struck out. The Tribunal struck out the claim for non-compliance.

Facts

The claimant brought claims against Nuffield Health including disability discrimination. The Tribunal sent an Order on 03 October 2023 which the claimant failed to comply with. The Tribunal gave the claimant an opportunity to make representations or request a hearing as to why the disability discrimination complaint should not be struck out, but the claimant failed to respond. The claimant had other remaining claims still to be heard.

Decision

The Tribunal struck out the disability discrimination complaint due to the claimant's non-compliance with the Tribunal Order and failure to make representations or request a hearing when given the opportunity to explain why the claim should not be struck out. The claimant's other claims remain listed for hearing.

Practical note

Claimants must comply with Tribunal orders and respond to Unless Orders or strike-out warnings, as failure to do so will result in their claims being struck out even if they may have merit.

Case details

Case number
2303018/2023
Decision date
8 January 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
healthcare
Represented
No

Claimant representation

Represented
No