Mr Joseph Kuyembeh v Careview Services Limited — 2020

Mr Joseph Kuyembeh, a former support worker for Careview Services Limited, brought claims of race discrimination, unfair dismissal, whistleblowing-related detriment and unlawful deductions from wages. The tribunal had previously directed him to provide further and better particulars, a calculation of the sleep-in nights claim, and a properly itemised schedule of loss, but found that those orders were not complied with on time or in full. It also recorded that the four-day final hearing listed for 12 August 2019 was lost because of the continuing procedural defaults.

The tribunal held that the unlawful deductions claim had been in breach of the Unless Order made on 28 August 2018, which required a full calculation of the sums said to be due by 21 September 2018. On that basis, it said the claim was automatically struck out under r.38(1), and noted that any application for relief from sanction was not dealt with in this judgment.

For the remaining claims, the tribunal accepted the respondent’s submission that the claimant had acted in "wanton disregard" of the tribunal’s orders. It found that the claimant’s compliance was late and incomplete, that the medical evidence relied on did not sufficiently explain the defaults, and that there was little confidence that future orders would be obeyed. The tribunal also accepted that delay had caused prejudice because two witnesses had left the business, one potential witness could not be contacted, and a further four-day hearing could not be listed until 23 June 2020. It therefore struck out the race discrimination, unfair dismissal and whistleblowing claims in their entirety under r.37(1).