Mr A B Ali v Tesco Stores Ltd and 4 others — 2023

The respondents applied to strike out the claimant's claims under rule 37, or alternatively for a deposit order under rule 39. The tribunal dismissed both applications. It found that the claimant's response to the order for further information was imperfect but amounted to substantial compliance, taking into account that he was a litigant in person.

The tribunal accepted that the February 2023 final hearing could not proceed because there had been little or no compliance with case management orders, but did not find that a fair hearing was no longer possible for the purposes of rule 37(1)(e). It also found that strike out would not be proportionate, including because the case not being ready for trial was due to fault on all sides.

On the deposit order application, the tribunal found that the claimant did not have little reasonable prospect of establishing a continuing course of conduct for the discrimination claims, or of obtaining an extension of time if needed. It also found that the claimant had set out, in simple lay language, the basis of a constructive unfair dismissal claim, and that its merits should be determined at a final hearing after evidence.