Mrs Jill Meikle v Herself Gas Call Services Limited — 2023

Mrs Meikle's case against Gas Call Services Ltd was managed at preliminary hearings in October and December 2022. The tribunal ordered her to provide further and better particulars of her disability discrimination claim, a disability impact statement and a detailed schedule of loss. On 8 December 2022 it made an unless order requiring compliance by 18 January 2023, with an express warning that the whole claim would be dismissed without further order if she did not comply.

The respondents applied for a preparation time order of £151.20 for the work associated with the 7 December 2022 hearing. The claimant, through her son and later by email, opposed the application and said she had complied to the best of her ability. The tribunal accepted that her conduct was unreasonable for costs purposes, but refused to make a preparation time order. It was not satisfied on the evidence that the respondents had actually incurred an out-of-pocket loss in the way suggested, and it also took account of the claimant's limited means and lack of information about ability to pay.

On the disposal of the claim, the tribunal found there had been no material compliance with the unless order. The claimant had not provided the required particulars, disability impact statement or schedule of loss, and the papers still did not set out the legal basis of the claim with sufficient clarity. The whole claim was therefore dismissed under Rule 38(1). The tribunal noted that any application for relief from sanctions within 14 days of the judgment and Rule 38 notice would be reserved for further consideration.