Case 2303139/2018 · Employment Tribunal

Mr Onwudiwe – McKenzie Friend For the v Mr Perry - Counsel — 2019

Case reference: 2303139/2018
Decision date: 20 November 2019
Jurisdiction: England & Wales
Judge: Employment Judge Anne Martin
Venue: London South

Indexed: 21 May 2026

Parties

2 named

Claimant

Mr Onwudiwe – McKenzie Friend For the

Respondent

Mr Perry - Counsel

Key findings

Tribunal's reasoning

This was a preliminary hearing before Employment Judge Anne Martin on 14 October 2019. The tribunal considered whether the claimant had complied with the terms of an unless order made on 19 August 2019 concerning the particulars needed for the disability discrimination claim, including the relevant date range and the information required to identify the provision relied on within the PCP and the nature of the 'something arising' relied on under the claim.

The tribunal found material non-compliance. It held that the claimant had not set out the provision relied on within the PCP, had not provided the information required by paragraphs 1.3 and 1.4 of the order, and had referred to matters outside the relevant dates. The reasons also state that the claimant had not clearly explained how the treatment complained of was because of the 'something arising' in consequence of disability.

As a result, the disability discrimination claim was struck out at 4 pm on 20 September 2019, being the date of non-compliance. The judgment states that the claimant's unfair dismissal claim was unaffected by this decision. No remedy was awarded in this judgment.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Disability discrimination	The disability discrimination claim was struck out at 4 pm on 20 September 2019 for non-compliance with an unless order made on 19 August 2019. The tribunal found the claimant had not identified the provision relied on within the PCP, had not provided information required by paragraphs 1.3 and 1.4 of the order, and had referred to matters outside the relevant dates. The extracted text also contains an inconsistency in the date range in paragraph 5, which is reproduced in the summary rather than corrected.	Struck out	Disability	—

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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