Ms S Caporali v Emirates Airline Limited — 2021

At the hearing on 24 August 2021, Employment Judge Robinson sat alone and considered case management issues across case numbers 2403554/2020, 2409288/2020 and 2401524/2021. The claimant asked for an adjournment and sought to vary or set aside earlier case management orders, but the judge found she had notice of the issues to be dealt with and that the hearing had been clearly listed for those matters.

The tribunal recorded that the claimant repeatedly refused to engage with the preliminary hearing, would not identify and progress the issues for a final hearing, and accused the respondent's solicitor and the respondent of impropriety and dishonesty. The judge noted that earlier preliminary hearings had already been delayed, including after the claimant's non-attendance on 21 June 2021, and that the respondent said it needed clarification so that it could prepare its case while witness memories were still fresh.

The judge concluded that the manner in which the proceedings had been conducted by or on behalf of the claimant was scandalous, unreasonable and vexatious, and that the claims had not been actively pursued. Applying rule 37(1)(b) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal struck out all claims against Emirates Airline Limited that related to race discrimination, disability discrimination, unfair dismissal, unlawful deduction of wages, payment of holiday pay, breach of contract and no receipt of itemised pay statements.

The judge accepted that striking out was a draconian step and considered whether a fair trial remained possible, but found that the claimant's refusal to engage with the process meant the case could not be prepared properly. No costs application was determined in the judgment, and no remedy was awarded because all claims were struck out.