Miss Afshan Siddique v Nottingham University Hospitals NHS Trust — 2022

Miss Afshan Siddique brought two claims against Nottingham University Hospitals NHS Trust. The first, presented on 19 March 2021, alleged discrimination on grounds of race, disability and religion or belief, together with harassment and victimisation. She described herself as British Pakistani and Muslim, and said her disability was anxiety. A second claim, presented on 19 October 2021, made further discrimination allegations arising from matters said to have occurred on 9 and 10 June 2021.

The tribunal recorded that the claims had not been properly particularised. Orders were made requiring further and better particulars, disability impact information, GP records and medical evidence explaining any inability to comply. The claimant's representatives reported difficulty obtaining effective instructions, and the final hearing listed for November 2022 was vacated. The respondent applied to strike out both claims under Rules 37(1)(c) and 37(1)(d) of the Employment Tribunal Rules of Procedure 2013.

Employment Judge Hutchinson considered Rule 37, the Rule 2 overriding objective, and the need to decide whether strike out was a proportionate response. The judge considered whether a less drastic step, including an Unless Order, would be appropriate. The tribunal found that the claimant had completely failed to comply with orders to provide further particulars, medical evidence and an impact statement; had not actively pursued the case; and had not provided medical evidence explaining the failures or indicating when she would be able to proceed.

The tribunal concluded that further orders would not be appropriate. It found that the respondent would suffer unfair prejudice if the claims continued when they were not properly pleaded and there was still no indication when particulars would be provided. The claims of discrimination, harassment and victimisation were struck out. No remedy was awarded.