Melissa Marshall v Voiceability Advocacy — 2025

Melissa Marshall brought claims of unfair dismissal, disability-related unfavourable treatment, failure to make reasonable adjustments, harassment relating to disability, plus unpaid wages and holiday pay. At the 28 November 2025 hearing, the respondent applied to strike out the remaining claims on the basis that the claimant had not complied with medical evidence directions, was not actively pursuing the case, and that it was no longer possible to have a fair hearing within a reasonable period. The claimant withdrew the unpaid wages and holiday pay claims during the hearing, and those claims were dismissed upon withdrawal.

The tribunal considered the claimant’s January and July 2025 medical evidence, her attendance in person at the strike-out hearing, and the adjustments she sought. It accepted that she needed breaks and slower pacing at the hearing, but it was not satisfied that the medical material established that she could not attend in person or gave a clear prognosis for when she would be able to participate in a full merits hearing. The tribunal did not accept that her conduct or any non-compliance with earlier orders, taken alone, justified strike out, and it did not find that the case was not being actively pursued.

The decisive issue was delay and prejudice. The tribunal found there was no definitive timeframe for recovery, a further last-minute postponement remained a real risk, and the next available 6-day listing was not before August 2027. It also found that key respondent witnesses had left, including decision-makers relevant to the redundancy process and appeal, so a fair trial at that point would be materially prejudiced. Balancing both sides’ positions, the tribunal held that it was no longer possible to have a fair hearing within a reasonable timeframe and struck out the remaining claims under Rule 38(1)(e).