Case 8000661/2024 · Employment Tribunal
Mr J Boal v Chemring Energetics UK Limited — 2024
- Case reference
- 8000661/2024
- Decision date
- 12 December 2024
- Jurisdiction
- Scotland
- Judge
- Employment Judge P O’Donnell
Parties
2 namedClaimant
Mr J Boal
Respondent
Key findings
Tribunal's reasoningAt a case management preliminary hearing on 12 September 2024, the tribunal ordered Mr J Boal to sign and return a GP mandate giving the respondent access to his GP records for the period 1 September 2022 to 28 February 2024. The respondent later applied to strike out the disability discrimination claim after saying the mandate had not been returned within the time ordered. Mr Boal replied that permission had been given for his GP to be contacted and later stated that the mandate had been signed and returned, but he did not answer the tribunal's further directions asking where it had been sent, to whom, by what means, or for documentary proof.
The tribunal concluded that the claimant had failed to comply with the order and had not given an acceptable reason not to strike out the claim or asked to be heard in person. It found that a fair trial of the Equality Act 2010 disability discrimination claim was no longer possible because the GP records were essential to determine whether Mr Boal was disabled within section 6 of the Equality Act 2010, and the respondent was prejudiced in preparing its case. The disability discrimination claim was therefore struck out under rule 37(1)(c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
The tribunal distinguished the unfair dismissal claim under the Employment Rights Act 1996. It held that there was no equivalent jurisdictional issue and that the GP records were not required for the respondent to defend that claim. The unfair dismissal claim was not struck out, and the final hearing listed for 13 to 15 January 2025 was to proceed on that claim only.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Struck out under rule 37(1)(c) for non-compliance with the tribunal's order requiring the claimant to sign and return a GP mandate for records from 1 September 2022 to 28 February 2024. | Struck out | Disability | — |
| Unfair dismissal | The tribunal held this claim was not struck out because the GP records were not required for the respondent to defend it; it was listed to proceed to the final hearing on 13-15 January 2025. | Other | — | — |
Legal tests applied
2 references- rule 37(1)(c) Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- s6 Equality Act 2010
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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