Mr A Domanski v Phinia Delphi UK Ltd. — 2024

Mr A Domanski brought claims for unfair dismissal and disability discrimination against Phinia Delphi UK Ltd. The tribunal did not reach the merits of either claim. Instead, it dealt with the respondent's strike-out application under rule 37(1)(b), after a series of case management defaults by the claimant.

The tribunal recorded that the claimant failed to comply with directions to provide an impact statement and medical evidence supporting disability, failed to provide disclosure, did not file his own witness statement despite an express direction that he must do so, and did not respond to the Regional Employment Judge's direction of 23 February 2024. He also did not attend the first day of the final hearing, after a postponement request had been refused.

A further issue concerned a witness statement attributed to Marta Iwanus. The respondent said she had not written or seen the statement and that her signature must have been forged. The tribunal accepted the respondent's account in the absence of any cogent explanation from the claimant, and found that his conduct in relation to that statement was scandalous and an attempt to mislead the tribunal.

Applying rule 37(1)(b), and citing Bennett v Southwark LBC, Bolch v Chipman, Arriva London v Maseya and Emueukoro v Cromo Vigilant (Scotland) Ltd, the tribunal found that the threshold for strike out was met. It also held that a fair trial was no longer possible because it could not accept the veracity of anything the claimant said. The claim was therefore struck out in its entirety. No remedy was awarded.