Disability discrimination claim struck out after claimant failed to comply with orders
A former employee's disability discrimination claim against Panther Warehousing Ltd was dismissed after she failed to provide evidence of her diabetes and did not attend the hearing.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant alleged disability discrimination due to diabetes.
- The claimant failed to comply with case management orders to provide evidence of disability.
- The claimant did not attend the preliminary hearing on 11 August 2023.
- The claimant had not contacted the tribunal despite multiple directions.
- The claim was dismissed due to non-attendance and failure to pursue the claim.
Timeline
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Case management preliminary hearing
Employment Judge Maidment held a preliminary hearing. The claimant withdrew her unfair dismissal complaint. Orders were made for the claimant to provide disability evidence by 23 June 2023 and a schedule of loss by 19 May 2023.
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Deadline for schedule of loss
The claimant failed to provide the schedule of loss as ordered.
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Claimant applied to postpone
The claimant applied to postpone the 11 August 2023 hearing, citing medical treatment.
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Deadline for disability evidence
The claimant failed to provide evidence of disability by this date.
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Direction to provide medical information
The tribunal directed the claimant to provide medical information in support of her postponement application by 24 July 2023.
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Deadline for medical information
The claimant did not provide the medical information.
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Final direction to provide medical information
The tribunal directed the claimant to provide medical information by noon on 7 August 2023, warning that failure would result in the hearing proceeding and likely dismissal.
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Final deadline for medical information
The claimant did not provide the information.
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Preliminary hearing and dismissal
Employment Judge Lancaster held a preliminary hearing. The claimant did not attend. The claim was dismissed for non-compliance and failure to pursue.
The legal issue
The tribunal had to decide whether to dismiss the claim due to the claimant's failure to comply with orders to provide evidence of disability and her non-attendance at the hearing.
The outcome
The claim was dismissed. The tribunal found that the claimant had not complied with any of the case management orders requiring her to provide evidence of disability or a schedule of loss. She also failed to provide medical information to support her request to postpone the hearing, and did not attend the preliminary hearing on 11 August 2023. The tribunal concluded that the claim was no longer being actively pursued and dismissed it under rules 37(c), (d) and 47 of the Employment Tribunals Rules of Procedure.
Lessons & takeaways
- If you bring a claim, you must comply with tribunal orders and deadlines, or your case may be struck out.
- If you need to postpone a hearing, provide medical evidence promptly when requested.
- Keep in contact with the tribunal — failing to respond to directions can lead to dismissal even if you have a genuine health issue.
- Consider seeking legal advice or support if you are representing yourself, as the tribunal process has strict procedural requirements.
A claim that ran out of road
This case shows how a disability discrimination claim can collapse when the claimant does not engage with the tribunal process. The former employee alleged that Panther Warehousing Ltd discriminated against her because of her diabetes. However, she failed to provide the evidence needed to establish that she was disabled — a key first step in any disability discrimination claim.
What went wrong
At a preliminary hearing in May 2023, the claimant was given clear deadlines: provide evidence of disability by 23 June and a schedule of loss by 19 May. She did neither. When she later applied to postpone the August hearing, she was directed to supply medical information in support. Despite multiple reminders and a final warning that failure would likely result in dismissal, she provided nothing and did not attend the hearing.
Why this matters
Tribunals have limited resources and must manage cases efficiently. Claimants who ignore orders or fail to attend hearings risk having their claims struck out, regardless of the merits. While health issues can make it difficult to comply, the tribunal will expect you to communicate and provide evidence if you need extra time. In this case, the tribunal gave the claimant several chances, but ultimately concluded the claim was no longer being actively pursued.
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