Dr R J Heal v University of Bristol (claim 1403294/2019) Ministry of Defence (claim 2200485/2019) Oxford University Hospitals NHS Foundation Trust (claim 3334298/2018) Date: 9 August 2021 — 2021

The tribunal had previously ordered the claimant to provide a disability impact statement and related documents by 19 March 2021, and then made an unless order on 6 May 2021 requiring compliance by 4pm on 1 June 2021. The unless order required the claimant to confirm the disabilities relied on, give a chronology of when each arose and when each respondent was told, describe the effect on day-to-day activities with examples, and describe the effect of medication in suppressing symptoms.

The claimant replied by email on 1 June 2021, but the tribunal found that the response did not provide the required chronology or describe day-to-day effects at all. The tribunal also held that the claimant's response about medication did not comply with the order. The tribunal noted that it was open to the claimant to rely on the medical reports already disclosed, but that did not excuse non-compliance with the terms of the unless order.

Applying Rule 38 of the Employment Tribunals Rules of Procedure 2013, the tribunal held that orders b, c and d had not been complied with and that the claims therefore stood dismissed. It recorded that the claimant's appeal to the EAT did not prevent the unless order taking effect, and that the claims remained dismissed unless and until any appeal succeeded. The tribunal did not deal with later applications for disclosure or for adding a further respondent because the claims had already been dismissed.