Mr S Morgan v East Ayrshire Council — 2021

The claimant was a continuing employee of the respondent and initially presented an ET1 stating breach of contract resulting from ongoing loss of earnings, with extensive documents but no clear claim summary. The respondent sought proper specification and questioned jurisdiction. The claimant later referred to breach of contract, Equality Act claims, Health and Safety at Work Act matters and disability, but the Tribunal recorded that the nature of the claims remained unclear.

At a preliminary hearing on 13 February 2020, the claimant clarified that he was not bringing breach of contract, unfair dismissal or Health and Safety at Work Act claims, but was bringing an unauthorised deductions from wages claim. He also sought to advance disability discrimination claims, which were not in the ET1 and required an amendment application and information about disability status under section 6 Equality Act 2010. The Tribunal directed him to provide the relevant factual and legal basis and disability status information.

The claimant did not provide the ordered disability status information, sought postponement and a sist, and then failed to update the Tribunal by the ordered date. After further unanswered requests, the respondent applied for strike out. The claimant said he felt able to continue but did not specifically respond to the strike out application, and he did not attend the telephone preliminary hearing arranged to consider it. The Tribunal found that he had failed to progress his claim, had been given a reasonable opportunity to make representations, and had not given an acceptable reason why the claim should not be struck out.