no attendance For the v Mr Lomas — 2021

At a preliminary hearing on 8 January 2021, Employment Judge Bartlett refused the claimant's late request for an adjournment based on a phototherapy appointment and proceeded in her absence. The hearing was concerned with whether the claimant had complied with Employment Judge Lewis's unless order of 20 May 2019, made after an earlier order requiring further particularisation of the claim.

The tribunal found that the claimant gave no further information between 18 March and 4 June 2019 and therefore failed to comply with the unless order in full. On that basis, the discrimination claims were treated as struck out on 3 June 2019, and the judge said there was no need to consider material compliance because this was total non-compliance. The tribunal also found the unless order was unambiguous and that the particulars required were needed so the respondent could understand the case and prepare for hearing.

In the alternative analysis, the judge said the later 25 March 2020 particularisation expanded the case by adding further alleged disabilities and additional sex and disability discrimination complaints. The tribunal held that, if those matters were new claims, the proper course would be an application to amend under Selkent rather than treating the later document as altering the compliance question under the unless order.