Mr I Rodriguez v CDS (Superstore International) Ltd — 2021

Mr I Rodriguez brought disability discrimination complaints against CDS (Superstores International) Limited and may also have pursued an unfair dismissal claim. At earlier preliminary hearings, Employment Judge Faulkner and then Employment Judge Butler identified apparent claims of failure to make reasonable adjustments and harassment related to disability, and gave repeated directions for further particulars, medical records and an impact statement so the tribunal could determine whether the claimant was disabled within the Equality Act 2010 and understand the basis of the claims. The claimant said the dismissal followed a GP report recommending a pacemaker and later explained that he relied on heart failure, kidney failure and type 2 diabetes.

Despite those opportunities and unless orders, the claimant did not provide the required detail. The tribunal found that his further material still did not say when the alleged refusal to allow him back to work happened, who witnessed it, what substantial disadvantage it caused, what reasonable steps should have been taken, or why the dismissal was unfair. The claimant had sent some correspondence and an impact statement describing medication, but the judge found it did not address the impact on normal day-to-day activities or the duration of the impairments in the way ordered.

The claimant’s reasons for non-compliance, including covid-19 difficulties, lack of legal and medical appointments, computer problems and email issues, were not accepted as adequate. The tribunal noted that he had his medical records, could correspond by post as well as email, and the information sought was within his own knowledge. The claim had already been dismissed on 16 February 2021, and on this judgment the tribunal refused relief from sanction under rule 38(2), applying the interests of justice test and the factors in Thind v Salvesen Logistics and Enamejewa v British Gas Trading Ltd and anor. No substantive merits determination or remedy was made.