Mr A Gray v Asda Stores Limited — 2024

The claimant brought claims of unfair dismissal and disability discrimination. The disability discrimination allegations were that the respondent treated him unfavourably by requiring him to attend welfare meetings and by dismissing him after long-term sickness absence. The respondent accepted that the claimant was disabled but disputed liability.

The Tribunal found that the claimant had done virtually nothing to progress the claims. He did not attend a preliminary hearing, did not comply with case management orders requiring steps such as a schedule of loss, disclosure and a witness statement, and gave no explanation that poor mental health prevented compliance. He sent only brief emails stating that he wished to proceed and would attend the final hearing.

At the final hearing the claimant did not attend and did not respond to the Tribunal's attempt to contact him. The Tribunal considered strike out warnings, the overriding objective, prejudice to the respondent, whether a fair hearing remained possible, and alternatives to strike out. It concluded that the claimant's non-compliance was deliberate, repeated and longstanding, that his failure to attend was unreasonable, and that the appropriate outcome was to strike out the claims in their entirety.