Ms N Makande v Qualitcare 24-7 Ltd — 2025

Ms N Makande pursued claims including automatic constructive unfair dismissal due to public interest disclosures, discrimination on the grounds of religion or belief, detriment on the grounds of public interest disclosures, breach of contract and unlawful deductions from wages. At the outset of the hearing she confirmed that she was not pursuing the redundancy pay and holiday pay complaints, and the tribunal dismissed those complaints following withdrawal.

The hearing on 2-4 June 2025 was primarily concerned with the claimant's application to strike out the respondent's response because of persistent problems with the hearing bundle. The tribunal found that the respondent's representatives had failed to comply with orders requiring a hard copy bundle to be provided by the ordered date, then by the later agreed date, and that the final version sent on 30 May 2025 was late, repaginated, and accompanied by an index that did not match its contents. The tribunal also found that the CMOs ordered to be inserted into the bundle had still not been included.

Applying rule 38 of the Employment Tribunal Procedure Rules 2024 and the authorities in Blockbuster Entertainment Ltd v James, Governing Body of St Albans Girls' School v Neary and Weir Valves & Controls (UK) Ltd v Armitage, the tribunal accepted that the default by the respondent's representatives was wilful and caused significant disruption and prejudice. It nevertheless concluded that a fair hearing remained possible after a relatively short postponement, that the default appeared to lie with the representatives rather than the respondent itself, and that strike out would not be a proportionate response. The strike-out application was refused, the parties were directed to consider the wasted costs provisions in rules 78-80, and the remaining claims were relisted for a final hearing on 26-29 August 2025.