Did Not Attend For the v Respondent — 2024

The claimant brought claims of constructive unfair dismissal and disability discrimination said to relate to depression and anxiety. The judgment records that the disability claims had been particularised as direct disability discrimination, indirect disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments. The respondent applied to strike out the claims under Rule 37 after the claimant had failed to comply fully with earlier case management orders and had not engaged in preparation of the hearing bundle.

At the preliminary hearing on 20 September 2024, no one appeared for the claimant. Employment Judge Roper found that the claimant remained in continued default of Tribunal orders, had given no substantive explanation for the delay, had not engaged in preparation for the hearing, and had failed to attend without explanation or a proper application to postpone. The tribunal held that the claims had not been actively pursued and struck them out under Rule 37(b), (c) and (d). No merits findings or monetary award were made.