Did not attend For the v Ms Laura Collignon – Counsel (acting pro bono) — 2020

Mrs Debbie Allen had brought proceedings in May 2018 against Oxford Kilburn Youth Trust and four individual respondents, alleging age, race, disability and sex discrimination. The claim form also referred to victimisation, harassment and racist and sexist behaviour, but the tribunal found the pleading lacked the necessary particulars. In particular, it did not sufficiently identify who did what and when, or explain how the conduct relied on amounted to unlawful discrimination or victimisation.

The claimant was ordered on 2 January 2019 and again on 1 August 2019 to provide further and better particulars, with the later order providing for automatic strike-out if she did not comply by 26 September 2019. She did not provide compliant particulars, despite later correspondence and documents. At the Rule 38(2) hearing on 13 March 2020, Employment Judge Andrew Clarke QC refused to adjourn in the absence of adequate medical evidence, applied the approach in Leeks v Norfolk and Norwich University Hospitals NHS Foundation Trust, and concluded that there was no satisfactory explanation for the continued failure to particularise the case. The application to set aside the strike-out was therefore dismissed, and the claim remained struck out in its entirety; the September 2021 final hearing was vacated.