MR P GRANT v JB Global Ltd and 1 other — 2019

This was a preliminary hearing on 2 May 2019 before Employment Judge C Hyde sitting alone. The tribunal dealt with a recusal application made by the claimant's representative, Mr Neckles, and with the respondents' application to strike out the claim. No substantive liability issues were determined at this hearing.

The recusal application was refused. Mr Neckles relied on an earlier hearing many years before and said he did not think the claimant would receive a fair hearing if the same judge continued. The tribunal recorded that it had no recollection of the earlier case until it was raised, noted that Mr Neckles had appeared before it many times since without complaint, and found that there were no adequate grounds showing bias or giving a reasonable observer cause to think there was bias.

The strike-out application was also refused. The respondents relied on rule 37(1)(b) and/or rule 37(1)(c), saying the claimant had not complied with an order of Employment Judge Wallis made on 6 December 2017 requiring further information by 22 January 2018, and that later correspondence had misrepresented the reason for delay. The tribunal accepted there had been delay and non-compliance, but treated strike-out as a draconian step, noted that the missing information had been supplied by 9 April 2018, that disclosure had taken place, and that witness statements were the remaining preparatory step. It also noted that a listed May 2018 final hearing had already been postponed because of lack of judicial resources.

The tribunal declined to make a costs order. With the claimant's agreement and no objection from the first respondent, the second respondent, Frank Grady, was discharged from the proceedings forthwith. The substantive case was left to be prepared for final hearing, and no monetary award was made.