In person For the v Respondent — 2023

This preliminary hearing concerned the respondent's application under rule 37 to strike out the claimant's age discrimination claim in case 3321201/2021 for repeated non-compliance with orders and alleged failure actively to pursue the case. The tribunal reviewed the history of directions about a schedule of loss, disclosure and amendment, including the claimant's attempt to add a victimisation complaint and the separate second claim.

Employment Judge George found repeated failures to comply with tribunal orders, including not providing a schedule of loss by the extended deadlines, not exchanging documents and not making a properly particularised amendment application. He accepted, however, that the claimant's BPPV and sinusitis were genuine and held that the non-compliance was not intentional or contumelious. Balancing the seriousness of the default against the possibility of a fair hearing, and noting that a lesser sanction was available, he refused strike out.

The tribunal also dealt with the respondent's costs application in relation to case 3312790/2022. It recorded that that constructive dismissal claim had been brought out of time and without reasonable prospects, and ordered the claimant to pay £1,013.48 excluding VAT after reducing the claimed costs by £521.84 for preparation of the schedule of costs.