Miss Bridget Lock v John Colet School — 2022

On 12 January 2023 at Watford, Employment Judge Tobin heard the respondent's strikeout application, the claimant's disclosure application, and related case-management issues. The judge noted that the case had previously been summarised by Employment Judge Lewis as including a health and safety dismissal claim under s100 ERA 1996, a breach of contract or wrongful dismissal claim in respect of notice pay, and later-raised claims arising from protected disclosures and detriments.

The tribunal refused the claimant's request to record the hearing. It found that no disability or impairment had been raised that would justify a reasonable-adjustment analysis, and it explained its concern that an unauthorised recording could be distorted, altered or published out of context. On disclosure, the tribunal accepted the respondent's evidence that it had searched the relevant Google drives and email accounts and had disclosed 500 documents comprising 515 pages. The claimant was unable to identify any specific missing documents, so the tribunal declined to make any further disclosure order.

After the lunch adjournment the claimant did not return, and the tribunal treated her as having voluntarily absented herself. Applying rule 37(1)(b) and rule 37(1)(c), and the authorities it cited on scandalous, unreasonable and vexatious conduct, the tribunal found that the claimant had shown a deliberate and persistent disregard of procedural steps, including repeated failures to provide further particulars over a long period. It held that a fair trial was no longer possible and that striking out was a proportionate response, so the claim was struck out in full.