Mr Tomasz Jakubowski v Ceva Logistics Limited — 2020

The tribunal considered whether the claimant's case should be struck out after he failed to provide further information ordered on 17 April 2020. The claim form referred broadly to discrimination, but the boxes identifying the type of claim were not completed, and the respondent had repeatedly asked for particulars that were not provided. The claimant accepted at the preliminary hearing that, apart from limited emails, he had taken almost no steps to pursue the claim since it was presented on 3 February 2020.

The judge found that the claimant had received the relevant correspondence, orders and warning notices, but had not complied with the order requiring him to identify the protected characteristic, the strand of discrimination alleged, and the factual details relied on. The tribunal concluded that the default was intentional and showed disrespect for the tribunal's procedures, and that there had been inordinate and inexcusable delay.

The claims were struck out under Rule 37 both because they had not been actively pursued and because the claimant had failed to comply with a tribunal order. The judge also found that the delay would cause considerable prejudice to the respondent and would make a fair hearing no longer possible, and that a lesser sanction was not appropriate.