Sarah Martin v Asda Stores Limited — 2026

On 20 July 2026, the Tribunal refused the claimant's request for an extension to an indefinite future date. It recognised her difficulties in managing the required information in light of her condition and other life events, but said the case had to progress. The claimant was directed to provide an impact statement and final documents about her conditions. Although the Tribunal's letter was not sent directly to her because of an administrative error, the respondent's solicitor promptly forwarded it, and she was reminded on 29 July about outstanding disability evidence, disclosure, applications to amend and the list of issues.

The respondent applied to strike out the claim, citing failure to comply with directions and failure to pursue it actively. The Tribunal found that the parties could not be ready for the dispute resolution appointment and that, given the past pattern of non-compliance and the work still outstanding, a fair hearing within the listed timeframe was not achievable. The claimant had an opportunity to respond to the application but did not do so.

The Tribunal found that the grounds under Rule 38 applied and exercised its discretion to strike out the whole claim in the interests of justice and in accordance with the overriding objective in Rule 3. It considered that unless orders or waiting further would use more Tribunal resources and prolong strain and uncertainty for the parties. The dispute resolution appointment and final hearing were cancelled. The judgment did not decide any pleaded cause of action on its merits and made no monetary award.