Molly Mae Fraser Grant v Home Office — 2026

The Tribunal struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024. It had written to the claimant on 28 September 2025 warning that strike out was being considered because the claimant had not complied with an order made on 28 May 2025 and sent on 1 July 2025, and because the claim appeared not to have been actively pursued.

The claimant replied on 13 October 2025 with a partially completed list of issues but no Schedule of Loss. After an application by the respondent, the Tribunal issued an Unless Order dated 28 April 2026 requiring further particulars of the claim. The claimant complied in part on 22 May 2026, but did not provide particulars for her s15 Equality Act claim about when the team were told by John of her sickness absence.

The Tribunal recorded that the claimant appeared to add a new impairment, “pregnancy loss”, and appeared to add sex/pregnancy discrimination and victimisation claims that were not part of her existing claims, without a formal application to amend. Employment Judge Barker was satisfied that the Rule 38 grounds applied and that strike out accorded with the overriding objective in Rule 3, because the claims were not sufficiently clear for the respondent to respond to them and the claimant had failed to comply with numerous case management orders over a lengthy period.

The Tribunal found that it was no longer possible to have a fair hearing within the hearing window starting on 8 June 2026, and that almost none of the preparation had been done for the final hearing. The claim was struck out and the hearing listed for 8-12 June 2026 was cancelled. No remedy award was made.