Mr S Jorge v University Hospitals Sussex NHS Foundation Trust: 2301973/2023
EMPLOYMENT TRIBUNALS
Case No 2301973/2023
Between
Mr S JorgeClaimantUniversity Hospitals Sussex NHS Foundation TrustRespondent
Before
Employment Judge DavidsonNot represented for claimantMrs A Fiskin (instructed by Solicitor) for respondentDate 20 February 2025
JUDGMENT
The judgment of the Tribunal is as follows: the claimant’s claim is struck out under Employment Tribunal Rule 38(1)(c) because the claimant has not complied with the Tribunal Rules or a Tribunal order.
REASONS
[1]The claimant submitted his claim for disability discrimination, sex discrimination and sexual orientation discrimination on 4 May 2023. In the grounds of resistance, the respondent requested further and better particulars because the claims were not able to be understood.[2]The claimant submitted further and better particulars of his claim on 26 March 2024. The matters referred to in those particulars related to incidents in 2021 and 2022 and the claims set out in those particulars were for direct disability discrimination, direct sexual orientation discrimination, harassment, failure to make reasonable adjustments and discrimination arising from disability.[3]He relied on the disabilities of back injury and stress/anxiety. Case No: 2301973/2023[4]On 25 September 2024, there was a preliminary hearing held in person before EJ Ramsden. EJ Ramsden emphasised may times the importance of parties complying with Tribunal Orders and the claimant was warned that he needed to engage with his claim or risk in being struck out.[5]At that hearing, it was noted that the claimant had not provided the respondent with details or evidence about the disabilities relied on. EJ Ramsden therefore made orders that the claimant should comment on the draft List of Issues which had been compiled and to provide the missing information in that draft List of Issues. The claimant was also ordered to provide a schedule of loss within 42 days of the Order being sent out by the tribunal and to provide an impact statement and medical evidence within 28 days of the Order being sent out.[6]Today’s hearing was listed to consider whether the claimant was a disabled person for the purposes of the Equality Act 2010 at the relevant time.[7]The respondent experienced problems in receiving communications from the tribunal and it is not known whether the claimant also experienced these issues. He was definitely aware of the orders by 17 January 2025 but may well have been aware of them since they were originally sent out on 27 September 2024.[8]There has been no compliance with any of the orders.[9]The claimant did not attend today. The respondent confirmed to the tribunal that the claimant was aware of the hearing. He was also aware that the respondent was intending to make an application for strike out on the grounds that he had not complied with case management orders as the application was made in correspondence sent to the claimant.[10]The respondent repeated the application at today’s hearing. Having heard representations from the respondent and in the absence of the claimant, I allowed the respondent’s application. The case is struck out on the grounds of the claimant’s failure to comply with case management orders.