Claimant v The Secretary of State for Justice — 2023

This was a preliminary hearing. The respondent applied under Rule 37 for the claimant's claim to be struck out, relying on alleged unreasonable conduct of the proceedings, failure to pursue the claim, and failure to comply with tribunal orders. The tribunal refused that application.

The tribunal found that the claimant's capacity to conduct the litigation had been affected by her mental health, which the respondent conceded amounted to disability under the Equality Act 2010. Although there had been substantial delay and previous non-compliance, the tribunal was not satisfied that the claimant's conduct was deliberately unreasonable, inexcusable, or contumelious. It considered the case trial-ready apart from the claimant's witness statement and concluded that the prejudice to the claimant from strike out outweighed the prejudice to the respondent from delay.

The tribunal made an unless order requiring the claimant to serve her witness statement by 20 February 2023. It also granted an amendment adding a section 15 disability discrimination complaint, finding it was largely a relabelling exercise grounded in the original pleadings. The claimant withdrew her proposed amendment to add an indirect disability discrimination complaint under section 19 after the tribunal explained the required elements and the respondent's objection.