Mr S Hussain (Solicitor, assisting as a family friend Pro bono) For the v Mr H Asif, Guardian Support — 2023

The only matter determined in this judgment was the claimant's application to strike out the respondent's response for non-compliance with the June 2023 Case Management Order. The tribunal found that the respondent had not complied with that order, but also noted that the respondent had applied in July 2023 to amend the timetable for disclosure, bundle preparation and witness statements, well before the final hearing listed for May 2024.

Employment Judge G D Davison held that there had been little disruption, unfairness or prejudice. The claimant had continued to comply with the order and had served a witness statement, but the tribunal found that this did not give the respondent an unfair advantage and that a fair hearing was still possible. The tribunal also found that striking out would not be a proportionate response, and that any further non-compliance could be addressed at the further preliminary hearing listed for 10 January 2024. The application to strike out the response was therefore dismissed.