Miss S Tufail v The Alan Turing Institute Ltd — 2022

Miss S Tufail brought claims of direct race discrimination, discrimination arising from disability, failure to make reasonable adjustments, victimisation, harassment, constructive unfair dismissal and breach of contract against The Alan Turing Institute. At this preliminary hearing on 15 September 2022, the tribunal considered the Respondent's strike-out application and an alternative application for an unless order. The tribunal recorded that the Claimant had conditions including dyspraxia, a sensory and auditory processing disorder and ADHD, and that she was litigating in person with support from her sister.

The judge found that the early delay and missed deadlines were primarily the result of the Claimant's health and the difficulty of managing the litigation without representation. For that reason, the tribunal did not treat the conduct as deliberate or persistent disregard of orders, and it did not strike out under Rule 37(1)(b) or on non-compliance alone under Rule 37(1)(c). The judgment records repeated directions requiring the Claimant to provide a numbered list of allegations, medical disclosure and an impact statement, together with repeated extensions and warnings, but by the September hearing the list and medical material were still incomplete.

The tribunal nevertheless concluded that the delay had become inordinate and inexcusable, and that it was no longer possible to have a fair hearing within a reasonable time. In reaching that conclusion, the judge relied on the need for further case management before disclosure and witness evidence, the absence of firm medical evidence giving a workable prognosis for progressing the case, and the prejudice caused to the Respondent by losing the 1 December 2022 hearing and facing a further postponement. The tribunal held that strike out under Rule 37(1)(d) and (e) was the only proportionate response, struck out all claims, and vacated the December 2022 hearing. No monetary remedy was awarded.