Miss G Bailey v Stagecoach London (now amended to South East London & Kent Bus Company Limited) OPEN PRELIMINARY HEARING — 2022

This was an open preliminary hearing at which the Claimant did not attend. The tribunal had previously ordered her to identify the physical or mental impairments relied on for the disability discrimination claim, provide a disability impact statement, disclose relevant GP or medical records to the Respondent, and file a schedule of loss. Although an extension of time was granted, she still did not comply, and her later email of 17 July 2022 indicated that she did not intend to provide the medical disclosure ordered.

The tribunal said the non-compliance was substantive and continued over about nine months. It found that the Respondent was prejudiced because it could not decide whether to dispute disability, could not assess what evidence or submissions would be needed, and could not know the nature of the case it had to meet at a final hearing. The tribunal also noted that the Claimant had failed entirely to identify any alleged repudiatory breaches of contract in support of the constructive dismissal claim, and that the claim for 'other payments' was completely unparticularised.

Applying Rule 37 of the Employment Tribunals Rules of Procedure 2013, and taking account of the overriding objective, the tribunal concluded that there was no lesser sanction that would cure the position. It held that a fair hearing was not currently possible and that strike out was proportionate. The judgment also referred to Weir Valves and Controls (UK) Ltd v Armitage and Blockbuster Entertainment Ltd v James when addressing non-compliance and unreasonable conduct. The Claimant's claims of disability discrimination, constructive unfair dismissal, and 'other payments' were therefore struck out.