Mr. T Chirgwin v Ministry of Defence — 2022

The claimant had brought a disability discrimination claim. The respondent did not admit disability, and the tribunal made repeated case management orders requiring the claimant to provide a disability statement addressing the effect of the alleged disability on normal day-to-day activities. The claimant provided medical and other documents, but did not provide the ordered statement by the deadlines.

An unless order was made on 5 October 2022 requiring compliance by 28 October 2022, failing which the disability discrimination complaint would stand dismissed. The claimant did not comply by that date and later sought an extension and relief from sanction. The tribunal found that the claimant had understood what was required and that the requirement to provide a new statement had been made clear.

The tribunal concluded that the claimant had persistently failed to comply with three tribunal orders, had not shown a good reason for failing to comply with the unless order, and had prioritised other tasks without adequate explanation. It found the failure deliberate and contumelious, serious, and prejudicial to the respondent through delay and increased costs. Although the tribunal considered whether a fair trial remained possible, it held that the interests of justice did not justify setting aside the unless order, so the disability discrimination claim remained dismissed.