Miss Amanda Doughty v CDX Security Ltd — 2022

At the open preliminary hearing on 26 October 2022 before Employment Judge P Britton sitting alone, the respondent applied to strike out the claim for non-compliance with Unless Orders made at a case management hearing on 21 July 2022. Those orders required the claimant to provide, by 22 August 2022, a list of the documents or other materials she intended to rely on, and also to particularise the basis of her unfair dismissal and sex/race discrimination claims.

The judge found that the claimant did not provide the required list and instead continued to disclose documents and screenshots on a piecemeal basis. The judge rejected her explanation that she did not know what to do without solicitors, noting that the requirement had been explained clearly and that she had been able to send numerous emails. The judge concluded that she had failed to comply with the Unless Orders.

For completeness, the judge also said the claimant had not adequately explained how an unfair dismissal claim could be brought given the absence of qualifying service, nor how alleged conduct by a security officer employed by OCS could amount to race or sex discrimination by CDX. He also noted that her attempt at particularisation did not address the reference to another female of Asian ethnicity said to have been involved. The claim was therefore struck out in its entirety. No remedy was awarded.