Mr L Haworth v Birmingham Community Health NHS Trust — 2019

The claimant, Mr L Haworth, brought claims for unfair dismissal and disability discrimination against Birmingham Community Health NHS Trust. The case had already been listed for earlier preliminary hearings, and the tribunal recorded repeated requests by the claimant for postponement, including a request on the morning of the hearing on 25 February 2020 that he was unable to attend because of stress and blood pressure issues. The tribunal proceeded in his absence.

Employment Judge Hindmarch considered the respondent's application to strike out under Rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal noted that Employment Judge Harding had previously ordered the claimant to provide medical evidence about his fitness to attend, an explanation for the timing of his postponement request, further particulars of the discrimination and unfair dismissal claims, and a witness statement. The claimant did not comply with those orders, did not provide the requested material, and did not attend the final hearing.

The tribunal held that the claimant had been given a reasonable opportunity to make representations about strike out, but had not done so. It found that the proceedings had been conducted unreasonably and had not been actively pursued, and that the history of the case, including the failure to engage with the orders and the lack of particularisation, meant a fair trial would not be possible. The respondent's application was therefore granted and both claims were struck out. No remedy was awarded because the tribunal did not reach the merits of either claim.