R Sorrell Mr David Morrison v Glasgow Life — 2017

This was a preliminary hearing in which Mr David Morrison applied to strike out Glasgow Life's response, saying the respondent had acted unreasonably and had failed to comply with the order made on 12 January 2017 requiring a response to his further specification. The tribunal accepted that there had been a failure to comply with that order, but noted the respondent's explanation that the omission arose from an administrative oversight after a solicitor left and the relevant deadline was not diarised.

Applying the authorities it cited, including Weirs Valves and Controls (UK) Ltd v Armitage and De Keyser Ltd v Wilson, the tribunal concluded that strike out would be disproportionate because a fair trial was still possible. It held that the delay had not caused unfairness or prejudice to the claimant sufficient to justify the sanction sought. The tribunal was also not persuaded that the respondent's conduct met the high threshold for unreasonable conduct under Blockbuster Entertainment Ltd v James.

The claimant's case was a constructive dismissal claim, and the tribunal referred to section 95(1)(c) of the Employment Rights Act 1996, Western Excavating (ECC) Ltd v Sharp, and Lewis v Motorworld Garages Ltd when setting out the law. It said the claim still required further clarity and coherence, but that the claimant had made considerable and genuine efforts to comply with the earlier order. It therefore refused strike out, ordered the claimant within 28 days to provide further particulars identifying each alleged act or omission, the final straw, and the contractual terms said to have been breached, and gave the respondent 28 days thereafter to answer those particulars.