Ms Kerry Smith v The Chief Constable of Greater Manchester Police — 2024

The claimant did not attend the hearing listed to consider strike out. The tribunal was satisfied that notice of the hearing and the earlier case management summary had been sent, and the judge spoke to the claimant by telephone. The claimant said she had been unwell, in bed, and had problems with email, but she had not notified the tribunal or respondent of email problems, had not requested an adjournment, and had not provided the medical evidence or explanation previously ordered.

The tribunal found that the claim remained inadequately particularised. Earlier case management orders had required the claimant to provide information about the allegations, including the necessary details of what was alleged, when, who was involved, and why. The claimant had provided some late information and a disability impact statement, but had not provided ordered medical evidence or the information needed to clarify the issues.

The tribunal determined that the claimant was not actively pursuing the proceedings and had breached case management orders. It concluded that a fair hearing was not possible where a party repeatedly failed to attend hearings and comply with orders, and struck out the claims under Rules 37(1)(d) and 37(1)(c), noting that it would also have struck out under rule 47 if necessary.