Claimant v BY
Outcome
Individual claims
The claimant failed to comply with tribunal orders to provide disclosure, attend hearings, and progress the case. His conduct was found to be vexatious and unreasonable, making a fair trial impossible. The tribunal struck out all claims due to non-compliance and failure to actively pursue proceedings.
Struck out along with all other claims. The claimant did not cooperate with case management, did not provide witness statements, failed to attend preliminary hearings, and sent extensive inappropriate correspondence accusing the tribunal and respondent of hate crimes and corruption, rendering a fair trial impossible.
Struck out with all claims. Despite the tribunal's willingness to explore reasonable adjustments such as an intermediary, the claimant refused to engage or attend hearings. Without his cooperation, the tribunal could not assess his needs or make appropriate adjustments.
The claimant alleged he was automatically unfairly dismissed for making protected disclosures. However, he failed to disclose documents, attend hearings, or comply with tribunal orders. The tribunal found he was not actively pursuing the claim and struck it out along with all others.
Facts
The claimant, an IT officer employed by an NHS trust, brought multiple disability discrimination and automatic unfair dismissal claims dating back to 2017. He was initially represented by solicitors but later became unrepresented. The claimant suffered from PTSD, bipolar disorder, and possibly schizophrenia. He consistently failed to comply with tribunal orders for disclosure, did not attend hearings, and sent extensive inappropriate correspondence to the tribunal, respondent, and third parties accusing them of 'hate crimes,' corruption, and harassment.
Decision
The tribunal struck out all claims on the basis that the claimant acted vexatiously and unreasonably, failed to comply with orders, and did not actively pursue his claims. The tribunal found that despite his disabilities, the claimant's refusal to engage constructively with the tribunal process meant a fair trial was no longer possible, and strike-out was the only proportionate sanction given the limited resources of the tribunal and demands of other litigants.
Practical note
A litigant in person with disabilities must still cooperate with the tribunal process; continued failure to comply with orders and engage constructively, despite accommodations offered, may result in strike-out even where the claimant has genuine disabilities affecting their conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 3306236/2021
- Decision date
- 21 March 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- BY
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- IT officer
- Service
- 6 years
Claimant representation
- Represented
- No