ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4121996/2018 Heard at Edinburgh on October 2019 Employment Judge J D Young Mr A Okongwu v Edinburgh Napier University — 2019

The claimant brought claims of disability discrimination and race discrimination against Edinburgh Napier University. On 15 January 2019 the tribunal ordered him to provide further and better particulars of the claims, including details of the disability relied on, the facts said to amount to discrimination, and the basis of any race discrimination case. The order was varied on 15 May 2019 so that compliance was required by 15 July 2019, failing which the claim would be dismissed automatically under Rule 38.

At the hearing on 7 October 2019, the tribunal held that the claimant's 14 July 2019 email did not comply with the orders. In relation to disability, the email did not identify the impairment, its effects, any chronology of events, any act said to amount to less favourable treatment or harassment, any provision, criterion or practice, any substantial disadvantage, or any protected act. In relation to race, it did not identify a comparator, the comparator's characteristics, the acts complained of, or the basis on which the treatment was said to be because of race.

The tribunal therefore dismissed the claim under Rule 38 of the Employment Tribunal Rules of Procedure 2013. It also said that, because of the persistent non-compliance, it would have struck the claim out under Rule 37(c) in any event. No merits determination or monetary award was made.