Mr N Ashford v Grecon Limited — 2022

Mr N Ashford presented claims on 12 May 2021 for unauthorised deduction from wages in the sum of £750.01 and unlawful disability discrimination against Grecon Limited. The case was listed for final hearing on 6 to 8 December 2022, following several case management hearings and orders for disclosure, inspection, an agreed bundle, and exchange of witness statements.

By the hearing date, the claimant had not attended and had not complied with the orders requiring disclosure and witness statements. The respondent applied to strike out the claims on 15 November 2022 on the grounds of breach of tribunal orders and non-pursuit. The claimant sought postponements, relying on medical evidence about anxiety, but the tribunal found the evidence did not clearly show that he was unfit to attend and was not sufficient to justify a late postponement.

The tribunal also noted that the claimant had not properly set out his disability discrimination case. It observed that the reasonable adjustments point appeared to be limited to a preference for receiving negative feedback at the end of the working day, and that any possible section 15 Equality Act 2010 allegation had still not been properly articulated. The tribunal found there was no meaningful or acceptable explanation for the failure to comply with the disclosure and witness statement orders, and that the proceedings had not been actively pursued.

Applying Rule 37 of the Employment Tribunal (Constitution of Rules of Procedure) Regulations 2013, the tribunal struck out and dismissed both the unlawful disability discrimination complaint and the unauthorised deduction from wages complaint. No remedy award was made.