Ms Evelina Rodrigues v Allford Hall Monaghan Morris Limited Heard: London Central (by CVP) — 2024

Ms Evelina Rodrigues brought claims for unfair dismissal and breach of contract arising from her redundancy by Allford Hall Monaghan Morris Limited on 30 September 2023. The respondent applied to strike out the claim, and the tribunal dealt with that application as a preliminary issue at the final hearing on 25 July 2024. The tribunal referred to Rules 37(1)(b) and 37(1)(c) of the Employment Tribunal Rules of Procedure 2013, and to the authorities cited by the parties, including Blockbuster Entertainment Ltd v James and Emuemukoro v Croma Vigilant (Scotland) Ltd.

The tribunal found that the claimant had not complied with directions, had not provided disclosure, had not cooperated with agreement of the bundle, and had not filed a witness statement. It found that the respondent had provided disclosure, that the claimant had not read that disclosure until directed to do so on the day of the hearing, and that the claimant had pursued a different disclosure route through a subject access request and a belief that material had been withheld or destroyed. The tribunal found no evidence of a deliberate attempt by the respondent to withhold information.

The tribunal held that the claimant had behaved unreasonably, scandalously and vexatiously in the conduct of the proceedings and had deliberately avoided compliance with orders. It also found that the claim was not in a position to proceed fairly: the claimant had not seen the bundle or the respondent's witness statements, had not filed her own statement, and was underprepared. The tribunal considered adjournment but decided it would not cure the position, would likely lead to the same difficulties recurring, and would be disproportionate. It therefore struck out the claim in its entirety. The tribunal noted that a discrimination point raised in the claimant's skeleton argument had not previously been pleaded and no amendment application had been made.