Ms C McMahon v Represented by:15 Mr Woolfson, solicitor AXA PPP Health Care and 2 others — 2022

The hearing was about the respondents' applications to strike out claims 4104661/2013 and 4104662/2013 under rule 37(1)(b) and rule 37(1)(e). The tribunal refused the unreasonable-conduct application. It accepted that Ms McMahon was genuinely trying to progress the claims and that her mental health affected her ability to deal with hearings, but it found that her conduct in the appeal proceedings was unreasonable because she persisted for a prolonged period in arguing that she could go straight to the Court of Session without first pursuing a rule 3(10) hearing in the EAT.

For claim 4104661/2013, which was an unlawful deductions from wages claim concerning payments under a scheme said to run from 28 May 2011 to 23 June 2013, the tribunal held that a fair hearing was still possible on the claim as currently pled because the issues were narrow and mainly documentary. It rejected strike out on that basis. The tribunal did, however, hold that the separate 2007 TUPE issue could not fairly be tried so long after the event. The formal orders strike this claim out against the First and Second Respondents and leave it proceeding against the Third Respondent, and the judgment directs a further in-person preliminary hearing to deal with any amendment applications and final hearing directions.