Caroline Page v The Benjamin Foundation — 2026

This was a public preliminary hearing before Employment Judge Boyes sitting alone. The Respondent applied to strike out the Claimant's claims under rule 38(1)(b), (c) and (d) of the Employment Tribunal Procedure Rules 2024, relying on alleged unreasonable conduct of proceedings, non-compliance with tribunal orders, and lack of active pursuit. The Tribunal refused the application.

The Tribunal found that the Claimant had failed to comply with Employment Judge Tynan's orders, including failures to provide medical records and a draft list of issues, and held that the ground under rule 38(1)(c) for non-compliance with an order had been made out. It did not find that the Respondent had shown the threshold was met under rule 38(1)(b) or rule 38(1)(d), noting that there had been some participation by the Claimant in the proceedings.

On discretion, the Tribunal was not persuaded that the delay between 16 December 2025 and 3 March 2026 had been adequately explained. However, it recorded that there had been partial compliance, including provision of a disability impact statement, schedule of loss, and further and better particulars which gave some, but not all, of the information ordered.

The Tribunal concluded that the final hearing listed to start on 14 July 2026 could still fairly proceed, that necessary preparation could still be undertaken while maintaining fairness to both parties, and that strike out would be less proportionate than further case management. No substantive claim outcome or remedy award was determined in this judgment.