Mr R. Sharma v University of Nottingham — 2024

This judgment concerned the respondent’s application to strike out the consolidated claims. The tribunal recorded that the claimant had originally brought claims including age, race and disability discrimination, breach of contract, unauthorised deduction from wages and unfair dismissal, and later a victimisation claim based on an unsuccessful job application. It also recorded that the unfair dismissal and breach of contract claims had already been dismissed on withdrawal, and that the disability discrimination claims had already been dismissed after a finding that the claimant was not disabled within section 6 Equality Act 2010.

In relation to the remaining claims, the tribunal found that after the claimant ceased being represented in May 2024 he failed to comply with case management orders, including orders to provide a schedule of loss, comment on the list of issues and disclose documents. He did not attend the judicial mediation, did not attend the urgent preliminary hearing on 12 August 2024, and did not attend the strike-out hearing. The tribunal found that he had chosen not to engage with the proceedings until it suited his personal commitments, that the medical evidence did not show he was unfit to pursue the claim, and that his conduct amounted to deliberate and persistent disregard of procedural requirements.

The tribunal held that the claimant’s conduct was unreasonable within Rule 37(1)(b), though not vexatious or scandalous on the authorities cited, and that the claims had also not been actively pursued within Rule 37(1)(d). It found that a fair trial within the listed September 2024 hearing window was no longer possible, that the respondent would suffer serious prejudice from further delay, and that an unless order would be futile. It therefore struck out the claims in their entirety and vacated the final hearing.