Miss J Nguyen v London Borough of Newham and 1 other — 2018

The Claimant brought claims including unfair dismissal, race discrimination, unpaid notice, pay arrears and other payments, and also referred to whistleblowing. A further claim specified discrimination based on nationality, harassment and blackmailing. The First Respondent denied employing the Claimant, while the Second Respondent accepted employing her and placing her on a temporary assignment with the First Respondent, but denied the sums claimed and knowledge of alleged harassment or discrimination.

The Tribunal reviewed the procedural history, including previous orders requiring particulars of the claims, missed hearings, postponements and medical evidence supplied by the Claimant. The Tribunal found that the Claimant had not complied with Tribunal orders, but considered that her medical evidence and intermittent contact meant it was not appropriate to strike out the claims on the basis of non-compliance or lack of active pursuit.

The Tribunal concluded that it was no longer possible to have a fair hearing. It noted that almost two years had elapsed since the claims were presented, the claims still had not been specified, there was no medical evidence indicating when the Claimant would be able to participate, and further adjournment with directions would not be proportionate. The claims were struck out and therefore dismissed.