Mr R Lavell v Elior UK plc — 2021

The tribunal struck out the claim after giving the claimant an opportunity to make written representations under Rule 37(2). The judge considered the claimant's email of 26 October 2020 and the medical material provided, but found that the evidence did not explain why the claimant could not participate in the telephone preliminary hearing on 13 August 2020 or answer the tribunal's calls that day.

The judgment records that the proceedings had not progressed in any meaningful way since they were issued in August 2019. The claimant had not clarified the alleged discriminatory acts or the protected characteristics relied on, despite the claim involving multiple possible protected characteristics and wages-related claims, and had not engaged with the respondent's request for further particulars. The tribunal found that this left the respondent unable properly to understand and prepare for the case.

Applying the overriding objective, the judge weighed fairness to both parties and considered whether a further hearing should be listed. The tribunal concluded that the claimant had already been given a reasonable opportunity to make representations, had not provided sufficient justification for the lack of progress, and had not shown concrete steps that would now be taken to advance the case. The claim was therefore struck out.