Mr A Ward v Kapetil (High Peak) Ltd T/A Toni & Guy Macclesfield — 2023

The Tribunal recorded that the claimant, Mr A Ward, had brought claims for unfair dismissal and disability discrimination against Kapetil (High Peak) Ltd T/A Toni & Guy Macclesfield. A preliminary hearing on 8 March 2022 resulted in case management orders, including directions for the claimant to provide a schedule of loss, an impact statement, and medical records because disability was in dispute. The claimant provided no documents apart from a photograph of his torso, leg and knee and a document titled “Benefit Sheet”, and the Tribunal found that he ignored the case management orders.

The Tribunal also noted that it had sent the claimant several letters, including a warning letter dated 19 October 2022, telling him that strike out was being considered because he had not complied with the orders, had not responded to earlier correspondence, and had not actively pursued the claim. The claimant did not object, did not request a hearing, did not respond to the notice for the hearing, and did not attend the hearing on 3 February 2023, despite the clerk telephoning him twice. The respondent, represented by Ms H Robinson, submitted that it had been prejudiced by the claimant’s non-compliance, and the Tribunal accepted that submission.

The Employment Judge concluded that a fair trial could not take place because of the claimant’s failure to comply with case management orders and to respond to the Tribunal’s correspondence and strike-out warning. The Tribunal considered strike out to be a draconian power that should be used carefully, but found that the claimant had been given countless opportunities to progress the case and had provided no reasons, written or oral, why the claims should not be struck out. The claims were therefore struck out on the grounds that the manner of conduct was scandalous, unreasonable or vexatious, the Tribunal’s orders had not been complied with, and the claims had not been actively pursued.