Mr F Owusu-Brobbey v Kings Security Systems Limited — 2022

The claimant brought discrimination claims relying on the protected characteristic of disability and claims for wages. After a preliminary hearing on 12 February 2021, the tribunal made case management orders requiring the claimant to clarify the basis of the claims, but the claimant did not comply with those directions and did not attend that hearing with his then representative.

The respondent applied to have the claims struck out because of non-compliance and lack of communication. The tribunal sent warning correspondence through the claimant's then representative, and on 31 December 2021 the tribunal issued a further direction warning that the claims might be struck out unless the claimant explained why that course should not be taken or requested a hearing. The claimant had previously emailed on 11 May 2021 indicating he would like to 'terminate' his claim because of his representative's personal health circumstances, but later said he did not wish to withdraw and was looking for an employment lawyer.

By 10 May 2022 the tribunal had still received no response from the claimant. It found that he was in breach of all the orders made by EJ Gardiner, that he had not been actively pursuing the case, and that he had not communicated with the tribunal for 12 months. The tribunal noted that a fair trial within the original dates was no longer possible and that the case had taken up tribunal resources while remaining very unclear in how it was put. Exercising its discretion under rule 37, the tribunal struck out the entirety of the claimant's claims.