Mr T Burrows v Aspinalls Club Ltd T/a Crown London Aspinalls: 2204497/2022
JUDGMENT
The claim for discrimination arising from disability is struck out.REASONS
[1]The claimant failed to comply with the orders made at the preliminary hearing on 30 September 2022, and set out in a case management order of the same date, to provide a disability impact statement together with any relevant medical documents to the respondent, by 25 November 2022.[2]By an email dated 13 February 2023, the tribunal ordered the claimant to provide these documents or to apply for a further extension of time by 23 February 2023 and warned the claimant that if he failed to reply by this deadline, consideration would be given to striking out the claim on the basis that it was not being actively pursued under rule 37(1)(d).[3]In reply to the order dated 13 February 2023, the claimant wrote to the tribunal on 23 February 2023 to request a further four weeks to submit his outstanding disability impact statement and relevant documents.[4]By an email dated 26 April 2023, the tribunal noted that the additional period sought by the claimant had elapsed and the documents remained outstanding, ordered the claimant to send the outstanding documents within the next 7 days, and warned the claimant that if he failed to comply with this order, absent a reasonable explanation for his ongoing non-compliance, the claim for discrimination arising from disability would be struck out on the grounds of non-compliance with an order of the tribunal and that the claim was not being actively pursuing a claim, under rules 37(1)(c) and (d), without further order.[5]No reply has been received by the tribunal from the claimant.[6]The claim for discrimination arising from disability is accordingly struck out. Case No: 2204497/2022[7]The claimant’s other claims for unfair dismissal and wrongful dismissal are not affected by this judgment and they shall proceed to a final hearing.[1]The claimant has failed to comply with any of the case management orders made on 30 September 2022 and those which were varied subsequently, which has resulted in the claim for discrimination arising from disability being struck out.[2]The claimant was ordered to write to the tribunal and the respondent by no later than 4pm on 6 June 2023 to confirm whether he was actively pursuing the remaining claims for unfair dismissal and breach of contract or whether he was withdrawing these claims. The claimant was also warned that if he failed to reply by this deadline, the remaining claims would be struck out, without further order, under rule 37(1)(d), on the basis that they were not being actively pursued. 2. No reply having been received, the remaining claims have been struck out and the final hearing listed to start on 12 September 2023 has been vacated.