Ms D Namaczynska (in person) Interpreter for Claimant: Ms A Ladue For the v Mr D Wood (solicitor’s agent) — 2023

This was a preliminary hearing on the respondent's application to strike out the claim or, alternatively, to seek a deposit order. The claimant, a Polish-speaking litigant in person, explained that after presenting the claim she had a mental health breakdown and struggled to deal with the proceedings. The tribunal also recorded medical material showing a diagnosis of bipolar affective disorder/bipolar disorder, and it granted an amendment to add automatically unfair dismissal for making a protected disclosure.

On strike out for non-compliance and failure to actively pursue the claim, the tribunal found that the claimant had breached case management orders and that the respondent had been prejudiced by delay and by the lack of information. However, it accepted that the claimant's non-compliance was not deliberate, that her limited English and mental health difficulties materially affected her ability to engage, and that she had begun to re-engage when she recovered sufficiently. It held that striking out would be disproportionate and that the claim could still be heard within a reasonable time.

On prospects of success, the tribunal said there were central factual disputes about whether the claimant had received warnings, whether she had raised health and safety concerns about using a hoist with untrained people, and whether she had been properly paid for travel expenses and hours worked. Applying the Rule 37 and Rule 39 framework, and noting that whistleblowing claims should only be struck out in the clearest cases, it dismissed both the strike-out and deposit applications. No oral evidence was heard and the tribunal made no findings on the merits of the underlying claims.