Mr S McKechnie v DPD Group UK Limited — 2020

The claim had been presented in July 2019 and was listed for a five-day final hearing in January 2021. The tribunal recorded that the claims before it were unfair dismissal, direct disability discrimination, holiday pay under the Working Time Regulations, unlawful deductions from wages, and notice pay as breach of contract or wrongful dismissal. The respondent accepted disability only on the basis of the claimant's physical impairment, Cauda Equina Syndrome.

At the start of the hearing the tribunal dealt with a series of applications by the claimant. It refused applications to exclude the respondent's witnesses, add a whistleblowing claim, rely on a mental impairment as part of the disability claim, obtain seven witness orders, and remove a document from the bundle. It initially accommodated the claimant's attendance at his father's funeral by adjourning from 18 January to 20 January 2021.

On 20 January 2021 the claimant applied for a further postponement, relying on medication effects, memory issues, and a fit note stating he was unfit for work. The tribunal considered the medical evidence, the late timing of the application, the history of the proceedings, the likely delay if the matter were relisted, and authorities on postponement for ill health. It refused the postponement but said it would accommodate the claimant with regular breaks.

After that refusal, the tribunal found that the claimant shouted, used profanities, repeatedly said he would appeal, invited the tribunal to strike out the claim, and refused to proceed except for a limited period. The tribunal struck out the claims under Rule 37(1)(b) because of the manner in which the proceedings had been conducted and under Rule 37(1)(d) because the claims were not being actively pursued.