Miss Michelle Bryce v Jamie McGinn and 1 other — 2023

Miss Michelle Bryce lodged her ET1 on 16 December 2022 alleging automatic unfair dismissal and disability discrimination. The respondent said the claims were unspecified and that it was not clear what disclosure had been made, if any, or what factual basis supported the disability discrimination allegation. The tribunal repeatedly directed the claimant to particularise the claims, complete an agenda, and explain the basis of any Equality Act allegations, but no adequate specification was provided.

The claimant sent emails saying she was unwell, had been admitted to hospital, and later that she was in hospital for gallbladder surgery and wished to reschedule the hearing listed for 25 April 2023. The tribunal refused the postponement application, noting the history of the case and the absence of supporting information. The claimant did not attend the hearing, and the respondent’s agent attended and sought an unless order or strike out.

After giving the claimant a further opportunity to explain her non-attendance and provide documents, including medical evidence and information about when she knew about the surgery, the tribunal found there had still been no proper response. It held that the claim remained entirely unspecified, that the respondent could not properly respond, and that continued delay was unfair to the respondent and the public purse.

Applying rule 37 of the Employment Tribunal Rules, Employment Judge D Hoey struck out the claim in its entirety on 31 May 2023 because it had not been actively pursued and because of non-compliance with tribunal orders. The judgment also noted that if the claimant believed there were good reasons, she could apply for reconsideration under rule 71.