Ms B Noah v British Airways plc — 2025

The claimant brought claims of unfair dismissal and disability discrimination after being dismissed under the respondent's absence management policy. At an earlier preliminary hearing it was clarified that the disability discrimination complaints were discrimination arising from disability and failure to make reasonable adjustments, with anxiety and depression relied on as disabilities.

The respondent applied to strike out the claims, or alternatively for an unless order, because the claimant had not provided a disability impact statement or disclosure by the ordered deadlines and had not progressed preparation for the final hearing. The tribunal found serious non-compliance and inordinate delay, and found that the claimant had failed actively to progress the claims.

The tribunal refused to strike out the claims at this stage, noting the guidance that strike out should be a last resort and taking account of the claimant's asserted disability and medical evidence without making findings on disability. It granted an unless order requiring the claimant to provide the disability impact statement and disclosure within seven days, failing which the claims would be automatically struck out.