Ms J May, Solicitor Ms G Parkin, Court Appointed Intermediary For the v Ms E Evans-Jarvis, Solicitor — 2022

Mx Lad was employed by Cavendish Learning Limited from 28 August 2020 until dismissal on 17 December 2020 as a Food Technology Teacher. The claim form presented on 7 April 2021 included breach of contract, working time, disability discrimination, gender reassignment discrimination, victimisation, automatically unfair dismissal for protected disclosures, and detriment for protected disclosures. At a preliminary hearing on 31 January 2022, the breach of contract claim was dismissed on withdrawal.

The case then proceeded through repeated case management hearings and orders. The tribunal recorded persistent failures by the respondent to comply with orders for disclosure, a final hearing bundle, and exchange of witness statements. Relevant material, including the claimant's medical notes and records, was provided very late or not included in the bundle, and further disclosure continued in June and July 2023. The tribunal accepted that the claimant's condition meant she needed time to assimilate new information and give instructions, and that the late and piecemeal disclosure prejudiced that process.

Applying Rule 37 and referring to Emuemukoro v Croma Vigilant (Scotland) Limited and Weir Valves and Controls (UK) Limited v JB Armitage, the tribunal held that the respondent's conduct was unreasonable, that there had been repeated non-compliance with tribunal orders, and that the response had not been actively pursued. It found that a fair hearing was no longer possible within the 14 August 2023 trial window and struck out the response. The respondent remained entitled to participate on remedy, and no monetary award was determined in this judgment.