Claimant v Carers Direct Ltd
Outcome
Individual claims
The claim was struck out under Rule 37 for non-compliance with multiple case management orders over a three-year period, failure to actively pursue the claim, and unreasonable conduct including repeated late postponement requests. The claimant failed to provide particulars of her claim, failed to attend hearings, and did not comply with orders despite multiple extensions and accommodations for her health issues.
The detriment claim under sections 44(1)(c) and 47 ERA 1996 was struck out alongside the whistleblowing claim for the same reasons: persistent non-compliance with case management orders, failure to actively pursue the claim despite the case being ongoing since 2021, and unreasonable conduct in the manner of conducting proceedings.
Facts
The claimant, a Polish speaker, filed a whistleblowing claim in June 2021 relating to events in 2020. Over nearly three years, she repeatedly failed to comply with case management orders requiring particulars of her claim, failed to provide a schedule of loss, and requested multiple postponements of hearings citing physical and mental health issues. Despite extensive accommodations including sisting proceedings multiple times, providing Polish interpreters, and granting extensions, the claimant never provided the required information. She had received legal advice before filing but gave no detail of her whistleblowing complaint. On the day of the final strike-out hearing in June 2024, she failed to attend despite having video joining instructions.
Decision
The tribunal struck out the claim under Rule 37(b), (c), and (d) for non-compliance with multiple case management orders, unreasonable conduct in repeatedly seeking late postponements without proper justification, and failure to actively pursue the claim. The judge balanced the interests of both parties and concluded that the claimant had been given extensive opportunities to comply over three years but provided no indication of intention or ability to comply, while the respondent faced prejudice from delay and staff turnover affecting the possibility of a fair hearing.
Practical note
Even where a claimant has genuine health issues and language barriers, tribunals will strike out claims where there is persistent and unexplained non-compliance with case management orders over an extended period, particularly where the claimant fails to engage with the proceedings despite extensive accommodations and the respondent faces increasing prejudice from delay.
Legal authorities cited
Statutes
Case details
- Case number
- 4110210/2021
- Decision date
- 10 June 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No