Mrs CJ Donkin v Fourstones Paper Mill Company Limited — 2022

The claimant presented a claim form on 15 June 2021 and ticked age discrimination. She did not tick disability discrimination, but referred briefly to a sickness record and anxiety/depression. At a preliminary hearing on 23 August 2021, Employment Judge Shore noted that she also seemed to indicate a possible disability discrimination claim and directed her to confirm whether she was pursuing such a claim and, if so, to provide basic information and medical evidence relevant to the disability issue.

The claimant later emailed information on 20 September 2021 showing that she wished to pursue complaints under section 15 EqA 2010 and sections 20-21 EqA 2010, but she did not provide the information ordered about whether she met the definition of disability under section 6 EqA 2010. Despite reminders, extensions of time, and further directions from Judge Loy, she did not provide the requested answers, full medical records, or a witness statement. At the 30 November 2021 preliminary hearing, Judge Morris made an unless order providing that the disability complaint, and then the entirety of the claim, would stand dismissed if the orders were not complied with by 4 pm on 6 December 2021.

The claimant did not comply by the deadline. She sent some further emails after the deadline, but she still did not provide the required disability information or a witness statement. The tribunal notified her on 8 December 2021 that her claims were dismissed, and on her Rule 38 application Employment Judge Sweeney refused to set aside the unless order. He applied the interests of justice and relief from sanction approach, held that the default was serious and significant, found that the claimant had been given ample opportunity and reminders, and concluded that the respondent would be prejudiced and would not have a fair hearing if the judgment were revoked. The claims therefore remained dismissed.