Dr C MacKenzie v The Principal, Fellows and Scholars of Homerton College in the University of Cambridge — 2023

The tribunal considered the respondent's application to strike out the claims under rule 37 of the Employment Tribunal Rules of Procedure 2013, relying on alleged unreasonable conduct, non-compliance with orders, and failure actively to pursue the claims.

The tribunal found that the claimant had conducted the proceedings unreasonably by producing evidence for the preliminary hearing three months late and by not alerting the respondent earlier to compliance difficulties. It also noted a previous late provision of further information, but was not satisfied that the claimant's conduct amounted to persistent or deliberate failure or that she had failed actively to pursue the claims.

Taking account of the overriding objective and authorities on strike out, the tribunal concluded that striking out the claim would be disproportionate at this stage. The respondent's strike-out application was refused.