Mr A Lazreg v Veolia ES (UK) Ltd — 2022

The claimant brought claims of unfair dismissal and various types of disability discrimination arising from his dismissal after a significant period of absence due to ill health. The preliminary hearing was listed to determine time limit issues for the unfair dismissal and discrimination claims, and an amendment application. The tribunal instead dealt with an application by the respondent to strike out the claims because of the way the proceedings had been conducted on the claimant's behalf.

The tribunal found that the claimant's representative had deleted a WhatsApp message and suppressed other messages and emails relevant to the jurisdiction issue, and did not accept that he genuinely believed the documents were privileged or irrelevant. It also found that the claimant's wife had given evidence in accordance with a case which she knew or ought to know was incorrect. The tribunal described that conduct as manifestly unreasonable.

The tribunal considered whether the claimant could distance himself from that conduct and whether a fair trial remained possible. It concluded that, given the claimant's reliance on his wife and representative, the concerns about disclosure and witness evidence could not be addressed by a lesser order. The claims were struck out, with the judge noting that this deprived the claimant of a hearing on the merits and was done with reluctance.