Mr D J Morgan v Respondent — 2019

At the preliminary hearing on 7 October 2019, Mr D J Morgan was absent and unrepresented. Poundland Ltd applied to strike out the claim, relying on alleged non-compliance with the case management order of 3 July 2019 and on the basis that the claim had not been actively pursued. The tribunal set out the procedural history, including the claimant's requests for extensions and his emails of 22 July, 19 August and 27 August 2019 explaining that work commitments and health difficulties, including depression, had affected his ability to provide the ordered particulars.

Applying the authorities it cited, including Weir Valves and Controls (UK) Ltd v Armitage, Blockbuster Entertainment Ltd v James, Executors of Evans and Another v Metropolitan Police Authority and Rolls-Royce Plc v Riddell, the tribunal held that the claimant was in default but that his conduct had not amounted to deliberate and persistent disregard of procedural steps. It also found that the delay had not made a fair trial impossible, and that the claimant had not disengaged from the proceedings.

The tribunal accepted that the respondent had suffered some prejudice, described as mostly financial, with legal expense estimated at between £1,800 and £2,000 plus VAT, but it found that the case was still at a relatively early stage and that there was time for orderly preparation. The strike-out application was therefore dismissed as disproportionate. In its place, the tribunal made an Unless Order requiring the claimant within 28 days to provide further information about the alleged unfair constructive dismissal, disability discrimination, direct and indirect discrimination, reasonable adjustments, harassment and victimisation, including clarification of the disability relied on.