Mr Z Khan v Bristol Street Investments Limited, trading as Bristol Street Motors — 2024

At a telephone preliminary hearing on 3 October 2024, Employment Judge Camp ordered the claimant by 24 October 2024 to provide information and documents explaining the basis for his allegation that the treatment to which his claim related, dismissal, was because of his race. The reasons record that the claimant had not raised this coherently in the claim form or at the hearing, and that the order was made so the tribunal and respondent could properly assess prospects of success and whether a further preliminary hearing on strike-out or a deposit order should proceed.

The claimant did not comply by the deadline or at all. The judgment records that, despite correspondence from the respondent and the tribunal, there had been no contact from him since the 3 October hearing. After the respondent applied to strike out the claim on 7 November 2024, the tribunal notified the claimant on 3 December 2024 that strike-out was being proposed because he had not complied with the order and was not actively pursuing the claim. He did not object within the time given.

Rather than strike the claim out at that stage, the tribunal made an unless order under rule 38 and gave what it described as a last chance. The order emailed at 10:21 on 17 December 2024 required compliance by 4 pm on 20 December 2024, failing which the claim would be dismissed without further order. The claimant still did not comply, so the claim was dismissed immediately after 4 pm on 20 December 2024. The judgment does not determine the substantive discrimination allegation and records a right to apply within 14 days to set the order aside if the interests of justice require it.