Miss A Knowles v Respondent — 2019

At the preliminary hearing on 7 January 2020, Employment Judge R King considered the respondent's application to strike out Miss A Knowles's claim and the issue of time bar. The claimant did not attend and was not represented. The tribunal said it could not decide time bar because the dates of the alleged discrimination had not been specified and the claimant was absent to address matters relevant to any just and equitable extension.

The respondent relied on non-compliance with earlier case management orders made after the 18 October 2019 hearing. Those orders required a disability impact statement, medical records, an explanation for non-attendance, and further information about the claim, including the alleged section 15 discrimination arising from disability, reasonable adjustments, indirect discrimination and harassment complaints. The tribunal accepted there had been default, but found that it was attributable to the claimant's representative's illness and that the representative had not disengaged from the proceedings.

Applying the authorities cited, including Weir Valves & Controls v Armitage, Blockbuster Entertainment Video Limited v James and Rolls Royce Pic v Riddell, the tribunal held that the default had not been a deliberate and persistent disregard of procedure and had not made a fair trial impossible. It noted that no final hearing had yet been fixed and that there was still time for orderly preparation. The strike-out application was therefore dismissed, and the tribunal made an unless order requiring further particulars and relevant medical records within 28 days, failing which the claim would be dismissed without further order.