Mr H Hothi v Tesco Stores Ltd: 2304416/2022
JUDGMENT
ON STRIKE OUT APPLICATION The claimant’s application to strike out the respondent’s response is refused.REASONS
[1]The claimant’s application dated 6 March 2023 has been treated as an application to strike out the respondent’s Response and has been determined without an oral hearing. The application is refused because any breach of the Tribunal orders by the respondent is not significant in the circumstances of the case and a whole and a fair trial is still possible. There is also a strong public interest in a case of this kind being determined at a full hearing given the allegations made.[2]Also, I accept that the respondent had a good reason for the delay, namely the effect of recent postal strikes, the ability of the respondent to deal with hard copy documentation, and the effect of the claimant’s outstanding appeal on disclosure.[3]Also, there is also ample time for any breach of the order to be rectified and the claimant has not suffered any real prejudice.