Did not attend For the v Ms J Charalambous - Peninsula — 2022

This was an open preliminary hearing on 4 February 2022 at which the claimant did not attend. The respondent was represented by Ms J Charalambous of Peninsula. The tribunal refused the claimant's application to amend the claim to add a mental disability, noting that the original claim form presented on 26 April 2020 had proceeded on the basis that being left-handed was the disability relied upon, and that the supposed mental disability was not clearly identified.

The tribunal found that the claimant had withdrawn the left-handedness basis for the claim. In consequence, and because the amendment application failed, there was no extant disability claim and the claim was struck out as having no reasonable prospect of success. The tribunal said that, in the alternative, it would have struck out the claim in any event for failure actively to pursue it and for repeated non-compliance with tribunal orders.

The tribunal also recorded that a deposit order had been made on 10 February 2021 requiring payment of £10 within 28 days, sent to the parties on 19 February 2021 and therefore due on 19 March 2021. The deposit was paid on 7 April 2021, and the tribunal said the claim should have been struck out at that point. The judgment therefore concluded with the claim being struck out and dismissed.