Mr M Moor v Gateway Housing Association Ltd. — 2021

The tribunal dealt with the case at a remote hearing on 5 February 2021 before Employment Judge B Elgot. The Claimant was in person and the Respondent was represented by counsel. The judgment records that the remote format was not objected to by the parties and that a face-to-face hearing was not held because the matters could be determined remotely.

The Claimant's claims of unfair dismissal, race discrimination, disability discrimination, victimisation and breach of contract were struck out and dismissed under Rule 37(1)(c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The tribunal found that the Claimant had persistently and repeatedly failed to comply with tribunal orders, including the orders made at a preliminary hearing on 12 October 2020 requiring him to provide further information about his claims and to send a schedule of loss.

The judgment states that extensions of time were granted to 18 December 2020 and then to 13 January 2021, but the Claimant still did not comply. He had been warned that he was at risk of strike out. The tribunal concluded that a fair trial on the listed merits hearing dates of 2 to 5 March 2021 was not possible.

The tribunal also found that, even if the hearing were adjourned and further orders made, including unless orders and costs penalties, the seriousness and magnitude of the Claimant's non-compliance and his responses in correspondence meant that a fair trial could not be achieved. No merits findings or monetary awards were made.