Mr Samuel Potts v Barbara Cannon and 4 others — 2022

The claim, presented on 30 May 2020, arose from employment with the Third Respondent between 29 March 2018 and 17 June 2019. The ET1 alleged unfair dismissal and disability discrimination, but the tribunal recorded that it lacked proper particulars and that the identity of the Fifth Respondent was unclear. Mr Potts did not attend the hearing on 30 September 2022, so the matter was heard in his absence before Employment Judge Cheetham KC.

The tribunal struck out the claim. It found that the claim was about eight months out of time, that no application to extend time had been made, and that no explanation had been offered for the delay. It also held that the subject matter was the same as case 2204181/2019, which had been struck out in a judgment promulgated on 18 August 2020, and noted that the earlier tribunal had described the disability allegation as "fanciful". The present allegations were also said to lack any proper particulars and to have no prospects of success.

The tribunal further relied on the claimant's failure to comply with case management orders made on 10 February 2022, including orders to provide medical records, an impact statement, a bundle and a witness statement. The listed full merits hearing was vacated. The tribunal intended to make a preparation time order in favour of the First Respondent in the sum of £210, assessed as 5 hours at £42 per hour, subject to the claimant's right to object within 14 days under Rule 77.