Ms N v Respondent — 2021

Ms N presented claims of unlawful race discrimination and unlawful sex discrimination in July 2020. After a preliminary hearing in October 2020, she wrote that the race claims were out of time and that she no longer wished to pursue them, but that she wished to pursue a complaint of victimisation under section 27 of the Equality Act 2010. The tribunal repeatedly asked her to clarify whether she was withdrawing the race and sex discrimination claims, but she did not reply.

On 18 January 2021 Employment Judge Johnson made an unless order requiring a reply by 2 February 2021, failing which the claims of unlawful race discrimination and sex discrimination would be struck out. The claimant did not comply, and on 11 February 2021 the tribunal struck out the claims because she had failed to comply with the unless order and the case had not been actively pursued. In a later letter she said she wished to continue race discrimination in part, harassment and victimisation, and wished sex discrimination to be struck out, but that did not alter the position.

In her reconsideration request the claimant said an ACAS conciliator had told her that she did not need to do anything because she was pursuing settlement. Employment Judge Johnson held that explanation was highly unlikely, was not a satisfactory explanation for the breach, and refused reconsideration because it was not in the interests of justice to reopen the judgment. The earlier strike-out judgment was therefore confirmed.