The Benjamin Foundation

Case Summary

The Respondent applied to strike out the Claimant's claims on grounds of non-compliance with tribunal orders, unreasonable conduct, and lack of active pursuit. The Claimant had failed to comply with orders requiring provision of further particulars, medical evidence, disability impact statement, and list of issues by specified deadlines. Employment Judge Boyes refused the strike out application, finding that whilst the ground of non-compliance under rule 38(1)(c) was made out, the Claimant had achieved partial compliance by the hearing date and there remained sufficient time before the final hearing on 14/7/2026 for case preparation to be completed.

Although the Claimant failed to comply with tribunal orders, the ground of non-compliance under rule 38(1)(c) was established. However, Employment Judge Boyes exercised discretion to refuse strike out because the Claimant had achieved partial compliance by the hearing date (providing disability impact statement and schedule of loss), there was sufficient time before the final hearing on 14/7/2026 for necessary preparations, and strike out should only be used as a matter of last resort on the clearest grounds. The judge also noted administrative errors in the tribunal's handling contributed to delays.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Application to strike out claims under rule 38(1)(b), (c) and (d) of The Employment Tribunal Procedure Rules 2024
• •Non-compliance with tribunal case management orders
• •Unreasonable conduct of proceedings
• •Claim not actively pursued
• •Whistleblowing complaint
• •Disability discrimination under section 15 Equality Act 2010
• •Sex discrimination under section 26 Equality Act 2010

The full source document is available from the official publication page.