Mr A Nevin v Mears Ltd — 2025

The tribunal struck out the claimant's case after a series of case management hearings and directions aimed at clarifying the claims. The judge found that the original claim form did not enable the respondent to understand the case it had to meet, and that subsequent emails and documents still did not provide the necessary detail, including dates, names, and the basis on which allegations were said to relate to race.

The tribunal found repeated non-compliance with orders requiring further particulars, an amendment application if new allegations were pursued, and a breakdown of the money claim. The claimant also did not attend the final preliminary hearing in time, and the tribunal proceeded in his absence after unsuccessful attempts to contact him.

The judge concluded that the manner in which the proceedings had been conducted was unreasonable, that tribunal orders had not been complied with, and that the respondent had been prejudiced by attending multiple hearings without achieving clarity on the claims. In those circumstances, the tribunal held that a fair trial was no longer possible and that strike out under rule 38 was appropriate and proportionate.