Claimant v Coventry University
Outcome
Individual claims
The claim was struck out because the claimant failed to attend the scheduled final hearing on 22-23 May 2024 and provided no adequate explanation. The tribunal found the claimant's conduct throughout the proceedings had been unreasonable and vexatious, with persistent refusal to cooperate with the tribunal and respondent, making a fair trial no longer possible.
This potential claim was struck out along with the main claim. The claimant appeared to be seeking notice pay or contractual payments, but the claim never proceeded to a merits hearing due to the claimant's conduct in refusing to cooperate with case management orders and failing to attend the scheduled hearing.
Facts
The claimant, a lecturer at Coventry University, brought claims for unlawful deduction of wages and breach of contract. The respondent suspended her pay when she refused to come to work, and later dismissed her for gross misconduct in January 2023. Over two years, the case was listed for three final hearings, all of which were vacated. The claimant repeatedly made baseless strike-out applications against the respondent, refused to cooperate with case management directions, failed to properly engage with disclosure and bundle preparation, and ultimately failed to attend the scheduled final hearing on 22-23 May 2024 without adequate explanation.
Decision
The tribunal refused the claimant's application to strike out the respondent's response, finding no breaches warranting such action. The tribunal granted the respondent's application to strike out the entire claim under Rules 37(1)(b) and 37(1)(e), finding the claimant's conduct had been scandalous, unreasonable and vexatious throughout the proceedings, and that a fair trial was no longer possible given the claimant's persistent refusal to cooperate with the tribunal process and the respondent.
Practical note
Persistent non-cooperation with tribunal case management, including failure to attend a final hearing without good reason and making repeated baseless strike-out applications, can result in a claim being struck out even where the underlying merits have never been heard.
Legal authorities cited
Statutes
Case details
- Case number
- 1302987/2022
- Decision date
- 14 August 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Lecturer in business strategy
Claimant representation
- Represented
- No