Any complaint of disability discrimination is struck out.
REASONS
[1]By an Unless Order dated 10 February 2025 the Tribunal ordered the claimant to confirm in writing that she wishes to pursue any disability discrimination complaint/s and sets out in writing:(a) the impairment/s on which she relies;(b) how long she has had the impairment/s;(c) when she says the respondent first became aware of the impairment/s and how she says this information was communicated to the respondent;(d) how the impairment/s relied upon impact the claimant on a day-to-day basis;(e) whether she is receiving treatment for the impairment/s relied upon;(f) what she says happened to her as a result of the impairment/s during the course of employment that she relies upon as a discriminatory act in her claim form with the date/s of any alleged discriminatory act/s; and(g) the type of prohibited conduct under the Equality Act 2010 that she complains about, and if she did not do so all disability complaints would stand dismissed without further order.[2]The Unless Order was made because the claimant had failed to provide this information despite numerous opportunities to do so. Without the information required it is not possible to have any fair hearing of any disability discrimination complaints, as the respondent does not know the case it has to meet.[3]The claimant attempted to comply with the Unless Order. On 24 February 2025 she indicated to the Tribunal that she had contacted her GP the previous week and was awaiting a letter about her impairments, and would send it as soon as possible. She states that she believed her managers were aware her condition lasted for more than 12 months. She was in need of support as a disabled employee and was not given the proper assistance. She was not provided with the right adjustments, role changes, or responsibilities to accommodate the physical and mental challenges she was facing. The GP letter was sent on 25 February 2025. The letter lists a number of matters the claimant had ‘issues’ with, and gives approximate dates when the various impairments arose.[4]Neither the claimant’s emails to the Tribunal nor the GP letter set out (c) when the respondent fist became aware of the impairments and how this was communicated; (d) how the impairment/s relied upon impact the claimant on a day-to-day basis; and (e) whether she is receiving treatment for the impairment/s relied upon. The information provided in relation to (f) what she says happened to her as a result of the impairment/s during the course of employment that she relies upon as a discriminatory act in her claim form with the date/s of any alleged discriminatory act/s; and (g) the type of prohibited conduct under the Equality Act 2010 that she complains about is insufficient for the Tribunal or the respondent to fully understand the complaint being brought.[5]In the circumstances the claimant has not complied with the Unless Order. I have considered whether to apply a lesser sanction, such as giving the claimant a further opportunity to provide the necessary information. However the Unless Order was intended to provide certainty and finality to the issue for the respondent. It is set out in clear terms. The claimant has had multiple opportunities to provide the required information and has not done so. I consider it is not therefore in the interests of justice to provide another opportunity. The claimant’s claim form does not in fact mention disability discrimination. However, in so far as the claimant has indicated this is something she wishes to pursue, any complaint of disability discrimination is now struck out.[6]The claimant’s remaining claim of unfair dismissal remains listed for hearing on 4, 5 and 6 February 2026. Approved by: