Miss L Murray v Riccall Carers Limited — 2019

This judgment does not decide the merits of the underlying employment claims. It records that the matter was listed for a three-day hearing beginning on 20 May 2019, but the claimant did not attend. An email received that morning referred to the claimant having had a "mental crash" over the weekend.

The respondent applied to strike out the claim under Rule 37(1)(d) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal refused the application because there was no medical opinion explaining the claimant's condition or her absence, the claimant had not been given an opportunity to make representations, and strike out was described as a draconian step. The tribunal also said a fair trial remained possible if the case proceeded in the near future, even though the manager responsible for the dismissal was shortly leaving the respondent's employment.

Applying the overriding objective, the tribunal decided to postpone the hearing and require the claimant, by 17 June 2019, to provide a letter from the York and Selby Early Intervention in Psychosis Service or another treating mental health practitioner. The letter had to explain why she did not attend on 20 May 2019, provide a diagnosis and prognosis, and state when she would be able to provide a schedule of loss and any witness statement, and when she would be able to attend and conduct a final hearing lasting three days.

The tribunal reserved the costs thrown away by the postponement, so the respondent could later apply for a costs order. It also warned that non-compliance with the order could lead to strike out without further order or notice.