Ms G. Marett v Incipio Group Limited — 2019

This preliminary hearing was listed to decide whether the claimant was disabled within the meaning of the Equality Act and to deal with strike out and deposit order issues. The claimant had disclosed only a short witness statement and a letter from her doctor dated 22 February 2019, with no medical records, and her counsel sought a postponement so that fuller evidence could be obtained. The respondent opposed postponement and indicated it did not wish to cross-examine the claimant.

Employment Judge Goodman postponed the hearing in the interests of justice so that the claimant could obtain the medical records and serve a fuller witness statement. The judge recorded that the evidence disclosed so far was sparse and was unlikely to establish disability, but that the respondent should have the opportunity to prepare on the basis of the full evidence before any determination of the Equality Act issue. The order for disclosure of medical records was varied to 24 May 2019 and a further witness statement was allowed by 31 May 2019.

A costs order was made against the claimant in the sum of £1,020 under rule 76(1)(c) because the judge considered that she could have prepared a fuller witness statement without medical records, had access to advice, had been told what had to be proved to establish disability, and had not pressed the GP surgery for disclosure of the records. The hearing of the disability, strike out and deposit order issues was postponed to 21 June 2019, and the final hearing listed for 8 to 11 July 2019 was vacated and relisted for 21 to 23 October 2019.

On instructions from counsel, the claimant withdrew the notice pay and holiday pay claims. Those claims were dismissed on withdrawal under rule 52. The judge also noted that counsel could not yet clarify whether the disability claim was brought under section 13, 15 or 20 of the Equality Act 2010 and indicated that this should be clarified at the postponed hearing.