J D Young (sitting alone) v Respondent — 2019

The claimant had brought complaints of unfair dismissal and disability discrimination. This judgment dealt only with the disability discrimination part of the case. The respondent admitted dismissal but denied unfair dismissal and denied discrimination on grounds of disability.

The tribunal recorded a procedural history in which the claimant was directed to provide a concise statement about the effect of her depression on day to day activities, relevant evidence, and a schedule of loss. Time was extended, but no information was provided. The claimant's solicitors later withdrew from acting, and correspondence was thereafter directed to the claimant. The respondent applied for strikeout of the disability discrimination claim under rule 37(c) of the Employment Tribunal Rules of Procedure 2013.

At the preliminary hearing on 7 February 2019, there was no appearance for the claimant. The tribunal accepted the respondent's submission that the claim should be struck out. It found that the claim had not been actively pursued and that there had been failure to comply with tribunal orders. The strikeout was limited to the disability discrimination part of the claim only.