Ms M Moloney v Respondent — 2018

This judgment was on the claimant’s application for reconsideration of case management orders made at preliminary hearings on 29 May 2018 and 30 August 2018. Employment Judge Smail held that there were no reasonable prospects of revoking or varying those orders, so there would be no reconsideration. The judge said the claimant had sent numerous pieces of correspondence seeking changes to the record of the preliminary hearings but had disclosed no basis for altering the orders.

The tribunal recorded that it had made orders to facilitate the claimant in prosecuting her claim, but that she had not complied with them and had not prosecuted her claim. The judge said she had struggled to articulate her claims, which made the case difficult to deal with, and noted that Employment Judge Henry had reached the same view on 11 September 2018. The issues identified by Judge Smail were described as his best effort to understand the case.

The judgment also records that the claimant was right that the figure of £9,786 had been mentioned at the 29 May 2018 hearing, but only as a calculation of a redundancy payment/basic award if she was entitled to it. The judge further noted that he had asked her about being Irish because she was intimating a race claim, and that directions were given for amending the claim to add race discrimination, but she did not comply.

On 30 August 2018, the judge said he recused himself from a judicial assessment because the claimant had a very different recollection of the 29 May hearing, which put him into evidential conflict with her. He ordered another judge to conduct the judicial assessment, but that judge found he could not do so because he could not follow the claimant’s case. The judgment ends by stating that the case management orders were relevant and proportionate and that there was no prospect of changing them.