Mr P Whitwell v Allerton Damp Proofing Knottingley Ltd — 2020

Mr Whitwell brought a claim for outstanding wages, saying he was employed by Allerton Damp Proofing Knottingley Ltd as a freelance operative from 17 September 2019 to 27 October 2019 and was owed two weeks' pay and one day at double time. The respondent denied that he was an employee or worker and sought disclosure of documents relevant to that status, including CIS records and tax returns.

Employment Judge Jones ordered disclosure of the requested documents on 19 February 2020. The claimant first said he was not registered with CIS, then later accepted that he was registered, but did not provide the ordered CIS records or full tax returns. The Tribunal gave further directions and warnings, including that compliance was not optional and that strike out would be considered if the documents were not provided.

The claimant still did not disclose the documents and, by the time the application was determined on the papers, he had provided no adequate explanation for the non-compliance. Employment Judge Shepherd found that the documents were relevant to the issue before the Tribunal, that the claimant had been given a reasonable time to comply, and that he had repeatedly failed to do so. The claim was therefore struck out under rule 37 as proportionate and in accordance with the overriding objective.