Mr S Norbury v Network Rail Infrastructure Limited — 2019

The claimant alleged that the respondent's decision not to interview him for a job was disability discrimination. Earlier case management orders required him to provide a disability impact statement, medical records, and further particulars identifying the Equality Act basis of his claim. He provided medical records but did not provide a disability impact statement or further particulars.

An Unless Order made on 28 October 2019 stated that the complaint would stand dismissed if the claimant did not send the required material by 29 November 2019 and confirm that he had done so. At the preliminary hearing, the claimant accepted he had not provided the disability impact statement and said he had not understood what was required.

Employment Judge Batten was satisfied that the claimant had not complied with the Unless Order, so the claim had to stand dismissed under its terms. The judge noted that written notice under rule 38(1) had not yet been sent, and that the claimant would have a further opportunity under rule 38(2) to apply within 14 days to have the order set aside if he wished to do so.