M M F Grant v Home Office: 2401548/2024
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 28 September 2025 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that• the claimant had not complied with the Order of the Tribunal made on 28 May 2025 and sent to the parties on 1 July 2025 and• the claim had not been actively pursued[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant replied on 13 October 2025 with a partially completed list of issues but no Schedule of Loss as was ordered.[3]Following an application by the respondent, the Tribunal then issued an Unless Order dated 28 April 2026, stating that unless the claimant provide further particulars of her claim as was ordered on 28 May 2025, the claim would be struck out without further order. The claimant complied on 22 May 2026 in part. She did not provide particulars in relation to her s15 Equality Act claim as to when the team were told by John of her sickness absence. She appeared to add a new impairment (“pregnancy loss”) that was not part of her claim and also appeared to add claims of sex/pregnancy discrimination and victimisation that were not part of her existing claims. There has been no formal application to amend her claim to add these new matters.[4]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is not only because the claimant’s claims are not sufficiently clear for the respondent to respond to them, but also because she has failed to comply with numerous other case management orders over the lengthy period of time since those orders were made. The parties have agreed several variations of the case management order deadlines Case Number: 2401548/2024 over a period of time but the claimant has still not complied with them. It is no longer possible to have a fair hearing of the case within the hearing window starting on 8 June 2026. Almost none of the preparation has been done for the final hearing.[5]The claim is therefore struck out.[6]The hearing on 8-12 June 2026 will not take place. Approved by: