Miss N Pasquwelage v The Chief Constable of Wiltshire Police — 2023

Miss Pasquwelage presented her ET1 on 8 July 2020 alleging race and disability discrimination against the Chief Constable of Wiltshire Police. The case then went through several case management hearings and multiple iterations of particulars, with the tribunal repeatedly directing her to clarify the factual allegations and the legal claims. The judgment records that she later sought to add further claims, including sex harassment, indirect discrimination, constructive unfair dismissal, age discrimination and whistleblowing, but the case remained inadequately particularised.

On 4 November 2022 EJ Midgley made an unless order requiring a completed schedule and warned that, if it was not complied with, the amendment application would be dismissed and the case limited to claims identifiable from the ET1 and attached grievance. The claimant did not comply. At the final hearing on 16 January 2023, the tribunal attempted to contact her, adjourned for an hour to give her one final opportunity to join, and received no response.

Employment Judge Cuthbert then dismissed the claim under Rule 47. The reasons given were the length of time the proceedings had been underway, the claimant's previous non-compliance with orders, the earlier finding of unreasonable conduct and costs order, her failure to comply with the unless order, her failure to engage with the respondent before the hearing, and her failure to attend without explanation. No substantive merits findings or monetary award were made.