Claimant v Rotherham Metropolitan Borough Council

Outcome

Facts

The claimant was dismissed by Rotherham Council in circumstances connected to her failure to inform her employer about criminal benefit fraud proceedings against her. She brought employment tribunal claims in February 2022. Despite multiple case management hearings and warnings, the claimant failed to secure effective representation. The case was listed for final hearing four times: three hearings were postponed (once by the tribunal, twice at claimant's request), and at the fourth hearing in January 2024, the claimant collapsed in the tribunal waiting room and was taken to hospital. Her representative, who had indicated she would be delayed, did not attend at all and later claimed she had Covid.

Decision

The tribunal struck out the claimant's claims under Rule 37(1)(e) on the ground that a fair trial was no longer possible. Despite repeated warnings and opportunities, the claimant had failed to secure effective representation or comply with tribunal orders. The tribunal concluded that the undue expenditure of time and money, the strain on witnesses, and the drain on finite tribunal resources meant that fairness to both parties required the claim to be struck out, particularly given the lack of any guarantee that a further listed hearing would be effective.

Practical note

Legal authorities cited