Ms A Musa v Reckitt Benckiser Health Limited and 1 other — 2022

Ms A Musa brought claims described in the judgment as constructive unfair dismissal, whistleblowing, race discrimination and discrimination based on religion or belief, arising from a dispute about her salary band and a grievance about alleged underpayment. Before the final hearing, the respondents applied to strike out the claims because the claimant had not served a schedule of loss or disclosed documents in accordance with case management orders.

The tribunal found that the claimant had not complied with the orders, and that the respondents had written to her after her former solicitors came off the record following Mr Singh's illness and death. The letters of 21 and 29 September 2022 were sent directly to the claimant and were not answered. The judge accepted that there had been delay and poor communication, but did not find that the default was intentional or contumelious.

Applying rule 37(1)(c) and (d) and the overriding objective, the tribunal held that strike out would not be proportionate. The proceedings were still relatively early, the final hearing was listed for January and February 2024, a fair hearing was still thought to be possible, and serious prejudice to the respondents had not been shown. The respondents' application was dismissed, and the judge said that an unless order requiring a schedule of loss and disclosure was the appropriate next step.