Claimant v Harvey Nichols Regional Stores Ltd — 2025

The claimant presented claims on 27 November 2024 alleging race discrimination and unlawful deductions from wages. At the preliminary hearing on 11 March 2025, the tribunal ordered her to provide further and better particulars of both claims and a schedule of loss, and a further preliminary hearing was listed for 13 May 2025. The claimant did not comply timeously, despite reminders from the tribunal and from the respondent, and the tribunal noted that some correspondence was not copied to the respondent as required.

At the hearing on 13 May 2025, the respondent applied for strike out under Rule 38 on the basis of non-compliance and no reasonable prospect of progressing the claims without proper particulars. The tribunal applied the two-stage approach under Rule 38(1)(c), considered the overriding objective and proportionality, and concluded that the claimant had failed to comply with two separate orders. It found the race discrimination claim vague and unspecified, and the unlawful deduction claim equally unspecified, with no adequate explanation for the non-compliance and no meaningful effort to provide the required schedule of loss.

The tribunal accepted that the claimant was unrepresented and that English was not her first language, but still concluded that her approach to the orders and rules was at least cavalier and appeared contumelious. It held that there was little likelihood she would provide usable particulars if given further opportunities, and struck out the claim in its entirety. No merits findings or monetary award were made.