Mr F Waddell v Long Lane Deliveries Limited — 2023

Mr F Waddell brought claims for whistleblowing detriment and unfair dismissal against Long Lane Deliveries Limited. The hearing on 28 August 2023 was not a final merits hearing; it was to decide the respondent's application to strike out the claim under rule 37(1)(c) for alleged non-compliance with tribunal orders.

The tribunal found that the claimant had not complied with two orders made following the case management preliminary hearing on 5 June 2023. First, the respondent had not been told whether a lengthy statement of agreed facts was agreed. Second, the claimant had not provided an updated schedule of loss by the required date, although an initial schedule had been produced. The tribunal accepted that the claimant had not engaged with the respondent's agent after his previous solicitor withdrew and that he was in the process of securing alternative representation.

Applying the strike-out authorities it cited, including HM Prison Service v Dolby, Hassan v Tesco Stores Ltd, Ridsdill v D Smith and Nephew Medical, Weir Valves and Controls (UK) Ltd v Armitage, and Harris v Academies Enterprise Trust, the tribunal held that the threshold for non-compliance was met, but strike out should not follow. It concluded that striking out would be contrary to the interests of justice and disproportionate on the facts, because a fair hearing remained possible, the respondent now had confirmation that the statement of agreed facts had been accepted, the schedule of loss would be updated shortly, and the failures had not prevented the respondent from understanding the basis of the claims.

The respondent's application to strike out was therefore refused and the claim was allowed to proceed to a hearing. The judgment records no monetary award and no determination of liability on either underlying claim.