JS v Accenture — 2021

At the open preliminary hearing on 28 September 2021, the respondent applied under rule 37(1)(e) to strike out the claim on the basis that it was no longer possible to have a fair hearing. The claimant, through NS, resisted strike-out and asked for a stay. The tribunal considered the overriding objective, the need to avoid delay and save expense, equality of footing, and the parties' Article 6 rights. It also referred to Osonnaya v South West Essex Primary Care Trust, Abegaze v Shrewsbury College of Arts & Technology and Riley v The Crown Prosecution Service.

The tribunal accepted that the claimant had been unwell for a considerable time, but found there was a reasonable prospect that she would be well enough to engage with the substance of the claim by spring 2022. That view was supported by Dr Gidley's letter, which said attempts to prepare a witness statement would currently be detrimental to the claimant's health and that six months or spring 2022 was more realistic, together with the fact that the claimant attended and participated at the hearing. Although the respondent had incurred time and work, it identified no specific prejudice from a further short delay. The strike-out application was dismissed, the proceedings were stayed until 28 February 2022, and the tribunal listed a final hearing for 31 October to 11 November 2022 with a further case management hearing on 30 March 2022.