Ms P Janjua v Tesco Stores Ltd — 2020

The hearing concerned the respondent's application to strike out the claimant's claims under rules 37(1)(b) and (d), and whether the listed full merits hearing should proceed in light of the claimant's medical condition. The underlying claims were unfair dismissal and disability discrimination arising from the claimant's selection for redundancy, but those claims were not decided at this preliminary hearing.

The tribunal found that the claimant was unfit to attend any tribunal hearing at that time because of a significant deterioration in her mental health, and that postponing the September 2020 full merits hearing was necessary in the interests of justice. It also rejected the respondent's proposed split hearing because the claimant would not have been able to attend and give instructions on the respondent's witnesses' evidence.

The tribunal refused to strike out the claims. It found that the failure to exchange witness statements, the claimant's position on the proposed further instruction of the joint medical expert, and the refusal to proceed with a split hearing did not amount to unreasonable conduct, deliberate and persistent disregard of procedural steps, or conduct making a fair trial impossible. It also found that there had not been a failure actively to pursue the claims, and that strike out would in any event be disproportionate.