Claimant v BR Fast Foods Ltd — 2021

By Order No.4 in the preliminary hearing note dated 28 September 2021 and issued on 6 October 2021, the respondents were ordered to write to the claimant and the tribunal by 4pm on 9 November 2021 confirming three matters: any dispute about the claimant's schedule of loss, whether they accepted that the claimant was a disabled person for Equality Act 2010 purposes, and if so whether they argued that they did not have actual or imputed knowledge at the material time. An extension of time was later granted on 11 November 2021, but the respondents still did not comply.

On 23 November 2021 the tribunal gave the respondents a further opportunity to provide written reasons by 4.00pm on 30 November 2021 or to request a hearing on why the response should not be struck out. Matthew Campbell then emailed the Glasgow ET on 26 November 2021 referring to unspecified personal issues and saying he would submit a response by 29 November 2021. He later emailed on 29 November 2021 with a PDF of assorted documents, but he did not address the three parts of Judge Kemp's order and did not copy either email to the claimant as required by rule 92.

The tribunal found that the respondents had not given an acceptable reason why strike out should not follow and had not requested a hearing. It therefore struck out the response under rule 37(1)(c) of the Employment Tribunals Rules of Procedure 2013. The judgment also states that the respondents would only be entitled to participate in the 3-day CVP final hearing on 13/15 December 2021 to the extent permitted by the judge presiding at that hearing.