Ms A Dasilva v Children Assisted in a Real Environment Ltd. PRELIMINARY HEARING (OPEN) — 2022

At the preliminary hearing on 16 March 2022, Employment Judge B Elgot refused the claimant's application to strike out the respondent's response under Rule 37(1)(a), (b), (c) and (e). The judge was not satisfied that the respondent's defence to the unfair dismissal, race and age discrimination (including harassment), and holiday and sick pay issues had no reasonable prospect of success, and no deposit order was made under Rule 39.

The tribunal accepted that the respondent's document disclosure was very late and in breach of the case management order, but found that the lateness was attributable to errors by the respondent's previous solicitors and staffing difficulties at that firm rather than vexatious or abusive conduct by the respondent itself. The judge held that the delay did not prevent a fair hearing from remaining possible once further case management steps had been taken.

Employment Judge B Elgot noted the respondent's contention that the claimant did not have the two-year qualifying period for unfair dismissal, and concluded that the pleadings, case summary and schedule of issues disclosed disputed factual matters that required determination by a full tribunal of three members at a merits hearing. The judge also referred to the approach that discrimination cases should not be struck out except in the clearest of circumstances. The case was listed for a full hearing on 27, 28 and 29 September 2023 at East London Hearing Centre.