Outcome
Individual claims
Claim struck out for non-compliance with tribunal orders. Claimant failed to exchange witness statements by the ordered date despite multiple extensions. Tribunal found that while the failure was due to the claimant's mental health issues and not deliberate, a fair hearing was no longer possible given the significant delay, the passage of time since the alleged incidents (4-5 years), and the significant risk of further postponements.
Claim struck out for non-compliance with tribunal orders. Tribunal found that even with reasonable adjustments for the claimant's mental health disabilities, there was a significant risk that a fair hearing could not take place within a reasonable time, and that witnesses' memories would have faded given the passage of time since incidents dating back to October 2019.
One allegation concerned sexual harassment (conduct of a sexual nature). Claim struck out on the same basis as other claims: non-compliance with orders and impossibility of a fair hearing due to the claimant's ongoing mental health issues preventing her from completing witness statements or participating in hearings.
Three incidents alleged to be victimisation following protected acts (grievance raised 15 October 2020 and cease and desist notice 9 November 2020). Struck out on same basis as other claims for non-compliance and impossibility of fair hearing.
Facts
Claimant employed by respondent September 2019 to February 2021 in telemarketing role. Brought claims of sex discrimination, harassment (including sexual harassment) and victimisation relating to incidents between October 2019 and February 2021, primarily concerning treatment by male manager 'S'. Resigned alleging constructive dismissal. Claimant suffered significant mental health issues (depression, anxiety, PTSD-like symptoms) which she said arose from the alleged discrimination. Case had protracted procedural history with multiple postponements due to claimant's mental health. Claimant failed to exchange witness statements by ordered deadline of 17 January 2024 despite extensions.
Decision
Tribunal struck out the claim under rule 37(1)(c) for non-compliance with orders. Judge found that while the claimant's failure was due to mental health issues rather than deliberate disobedience, a fair hearing was no longer possible. Any future hearing would be 4-5 years after the alleged incidents, witnesses' memories would have faded, and there was significant risk of further postponements. Strike out was proportionate despite claimant's Article 6 rights and tribunal's duties to disabled parties.
Practical note
Even where non-compliance with tribunal orders is caused by genuine mental health issues rather than deliberate default, a claim may be struck out where the passage of time and ongoing incapacity mean a fair hearing is no longer possible and there is no realistic prospect of improvement within a reasonable time.
Legal authorities cited
Statutes
Case details
- Case number
- 2402169/2021
- Decision date
- 5 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Y
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- telemarketing role
- Service
- 1 years
Claimant representation
- Represented
- No