Miss J Dolmantaite v Nissan Motor (Manufacturing) UK Limited PUBLIC PRELIMINARY HEARING — 2025

This was a public preliminary hearing in which Employment Judge Isabel Manley considered the respondent's application to strike out the claimant's claims. The claimant had worked through an agency for the respondent between November 2021 and 28 March 2023, had referred the matter to ACAS on 4 May 2023, and presented her claim on 16 July 2023. The tribunal noted that the claimant had been ordered to provide a witness statement by 4 November 2024, later given a further opportunity to do so by 31 January 2025, but no witness statement or other substantive compliance was received before the hearing on 7 April 2025.

The tribunal decided to strike out the claims under Rule 38(1)(c) of the Employment Tribunal Rules of Procedure 2024 because of repeated non-compliance with tribunal orders. It accepted that the claimant had some mental health difficulties and said she found writing the statement caused panic attacks, but observed that she had been able to write letters to the tribunal and had been able to work. The tribunal considered whether lesser sanctions such as an unless order, costs, or a deposit order would help, and concluded they would not.

In the alternative, the tribunal held that the claims had no reasonable prospect of success because they were out of time under section 123 of the Equality Act 2010. It found no conduct extending over a period. The last suggested act of direct discrimination was in October 2022 and the last suggested act for the harassment claim was in spring 2022. The tribunal also noted the gap between those dates and the ACAS referral in May 2023, and that the claimant had not provided evidence to support a just and equitable extension of time. All claims were struck out and no remedy was awarded.