Mr Ben Lingard v Priory Group Healthcare Ltd Mr Paul O’Connor Ms Linette Howes — 2022

The tribunal made Unless Orders on 10 August 2022, sent on 11 August 2022, requiring the claimant by 7 September 2022 to identify which amendment applications he still pursued, explain why they should be allowed by reference to the nature and timing of the amendments and any time limits, keep the explanation within six pages, and provide tracked changes to the particulars of claim for his two ET1s. The case management summary recorded that 28 days had been allowed and that clarification was already overdue. The tribunal also recorded that the Presidential Guidance on amendments and the Selkent Bus principles had been explained to the claimant at the hearing.

The claimant applied on 16 August 2022 for an extension of time on medical grounds. That application was refused on 30 August 2022 because the supporting medical evidence addressed fitness for work rather than ability to prepare the case, the tribunal considered the compliance period had already been generous, and it noted extensive email traffic from the claimant during the period. The tribunal referred to Regional Employment Judge Freer's observation that the claimant had sent 62 emails between 6.00am and midday on 16 August 2022 alone.

The tribunal also noted the claimant's email of 5 September 2022 stating that the respondent was already aware of the amendments he wished to make and that there was no confusion. As he did not comply with the Unless Orders, the claims were struck out under Rule 38(1), and the judgment states that the claims stand dismissed.