Miss A Wood v Wescot Credit Services Limited — 2022

The tribunal became concerned that case-preparation deadlines were not being met and that the prospects of a fair hearing on the listed dates were being prejudiced. On 4 February 2022 the parties were asked for an urgent update. The claimant did not reply, while the respondent replied the same day and highlighted the claimant’s non-compliance and the resulting difficulties.

Also on 4 February 2022 the tribunal issued an unless order under rule 38 requiring the claimant to provide specified medical evidence on disability by 11 February 2022, failing which the disability discrimination claim would be struck out without further order. The claimant did not provide that information by the deadline or at all, and the disability discrimination claim was therefore struck out by operation of the unless order. The tribunal noted that the unfair dismissal claim was not affected at that stage, and the claimant was informed of that by correspondence dated 16 February 2022.

Because the claimant still had not engaged, Legal Officer Doherty issued a strike-out warning letter on 17 February 2022 in relation to the residual claims. The claimant was given a revised deadline of 25 February 2022 and warned that her entire remaining claim might be struck out if she did not respond. No correspondence was received by that deadline or before the judgment date.

The respondent applied to strike out by email on 25 February 2022, copied to the claimant. The tribunal ordered that the remaining claim be struck out on the basis that it had not been actively pursued under rule 37(1)(d) of the ET Rules of Procedure 2013. The tribunal said that this was the order most consistent with the overriding objective, because the claimant had ceased engaging with the process, a fair hearing would not be possible without that engagement, and costs were continuing to be incurred.