Miss N Carpenter v Unipet International Ltd By CVP — 2022

Miss N Carpenter worked for Unipet International Ltd as an operative from 6 January 2020 until her dismissal on 28 September 2021. Her claim was presented on 6 May 2021 and was pleaded as disability discrimination, although the claim form did not identify the specific complaints. At a case management hearing on 6 May 2022, Employment Judge Khalil ordered the claimant to provide further written particulars, including the nature and type of disability discrimination alleged, brief particulars, dates, and who was said to be responsible.

The claimant later identified her disability as emotionally unstable personality disorder and the respondent accepted that she was disabled by reason of that condition. However, she did not comply with the order to clarify the type of discrimination being alleged. She provided a Scott Schedule and other handwritten material, but Employment Judge Martin found that these documents still did not specify whether the claim was direct discrimination, indirect discrimination, discrimination arising from disability, or another type of disability discrimination. The judge held that it was not for the respondent or the tribunal to infer the case for her.

An unless order made on 29 September 2022 provided that, unless the further information was supplied by 20 October 2022, the claim would stand dismissed without further order. Applying rule 38 of the Employment Tribunal Rules of Procedure 2013 and the cases cited in the reasons, including Royal Bank of Scotland v Abraham, Wentworth-Wood v Maritime Transport Ltd, Rogers v Department for Business, Industry & Skills, Johnson v Oldham MBC, and Uwhubetine v NHS Commission Board England, the tribunal held that there had been material non-compliance. The claim was therefore automatically struck out on 20 October 2022. The judge noted the claimant's difficulty with the process and that she could apply for relief from sanctions within 14 days of receiving the judgment.