Surrey County Council

Case Summary

The claimant, employed as a project manager by Surrey County Council's Fire and Rescue Service, claimed constructive dismissal based on protected disclosures and disability discrimination. The employment tribunal struck out his claim after finding he had deliberately misled the tribunal about medical reasons for failing to comply with orders to provide particulars. The EAT upheld the strike-out, finding the tribunal had properly applied the two-stage test and was entitled in exceptional circumstances to strike out the claim where there was intentional and contumelious default.

The EAT upheld the tribunal's decision because the tribunal had properly applied the two-stage test for striking out, had exercised its discretion appropriately, and was entitled in exceptional circumstances to strike out where the claimant was found guilty of intentional and contumelious default in failing to progress his claim and it would not be fair and just to allow continued access to the tribunal's system of public justice.

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• •Whether the employment tribunal correctly applied the two-stage test for striking out a claim on grounds it is not being actively pursued
• •Whether the claimant deliberately misled the tribunal about medical reasons for non-compliance with orders
• •Whether striking out was a proportionate remedy for intentional and contumelious default
• •Whether the claimant's late substantial compliance should have been taken into account

The full source document is available from the official publication page.