ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000006/2023 Per written submissions Employment Judge M A Macleod Ms E Crammond v Babington — 2023

Ms Crammond's ET1 alleged unfair dismissal, disability discrimination and unlawful deduction of wages. At the preliminary hearing on 1 March 2023, the unfair dismissal claim was recorded as withdrawn and dismissed separately. The tribunal then ordered her to provide an impact statement about fibromyalgia, further and better particulars of the disability and wages complaints, a schedule of loss, and a GP report, with an express warning that non-compliance could lead to strike out.

On the written submissions, the tribunal found that she had not complied with those directions. It accepted that she later produced only a small extract of GP records, which showed fibromyalgia against a date of 3 October 2015, but said that this did not amount to the required medical report or explain the condition's impact. It also found no evidence of a disability impact statement, further particulars, or schedule of loss, and noted repeated refusals to send medical information to the respondent together with lengthy correspondence criticising the respondent's representative and the judge.

Applying Rule 37(1)(c) and citing Ezsias v North Glamorgan NHS Trust, Blockbuster Entertainment Ltd v James, Bennett v Southwark LBC and Faron Fariba v Pfizer Limited & Others, the tribunal held that the non-compliance was deliberate and that a fair trial would not be possible. It concluded that the claimant had disregarded the tribunal's authority and struck out the remaining disability discrimination and wages complaints. No monetary remedy was awarded.