Claimant v Santander UK plc — 2022

This was a reserved judgment on cross-applications to strike out. The claimant's substantive claims were recorded as unfair constructive dismissal, disability discrimination by harassment and failure to make reasonable adjustments, and notice pay or other payments. The respondent accepted that from February 2016 the claimant was disabled and that it had actual or constructive knowledge of that fact, but denied harassment and maintained that appropriate adjustments were made.

The respondent applied to strike out the claims under Rules 37(1)(d) and (e), relying on delay and contending that a fair hearing was no longer possible. The tribunal was not persuaded that the relevant periods of delay were entirely inexcusable, noting the claimant's ill-health and periods of tribunal delay. It also was not persuaded on the evidence that the respondent would have significant difficulty contacting witnesses or that witness recollections would be unduly impacted, particularly where witness statements had been prepared in 2017 and much of the evidence was contemporaneously documented.

The claimant applied to strike out the response, relying on alleged disclosure failures and concerns about the trial bundle. The tribunal held that documents which no longer exist cannot be disclosed, that the claimant had not provided evidence that documents existed and were being suppressed, and that it was not persuaded the documents were relevant. Both strike-out applications were refused, and case management orders were made for a supplementary bundle, exchange of witness statements, and a further closed preliminary hearing.