Medina Healthcare and Others

Case Summary

The claimant's claims for unfair dismissal and disability discrimination were struck out following her failure to comply with a tribunal order dated 3 December 2025 requiring provision of a disability impact statement and medical evidence. The claimant did not respond to warning letters dated 23 March 2026 or the earlier order, leading the tribunal to conclude the claim was not being actively pursued.

The claim was struck out because the claimant failed to comply with the tribunal's order of 3 December 2025 requiring provision of a disability impact statement and medical evidence, and subsequently failed to respond to the tribunal's warning letter of 23 March 2026, demonstrating that the claim was not being actively pursued.

• •Non-compliance with tribunal order requiring disability impact and medical statement
• •Whether claim being actively pursued

EMPLOYMENT TRIBUNALS Claimant: Karen Elliott Respondent: 1. Medina Healthcare 2. Isle of Wight NHS Trust 3. The Bay Medical Practice JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 23 rd March 2026 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 dated 3 rd December 2025.  The claim had not been actively pursued. 2. The letter of 3 December 2025 required the claimant to provide a disability impact and medical statement and also drew to the claimant’s attention the fact that the claim appeared to have been presented out of time and to bring a claim of unfair dismissal it was necessary to have two years qualifying service. The claimant did not reply to that letter. 3. The letter of 23 March 2026 gave notice that tribunal was considering striking out the claim because the claimant had not provided medical evidence or a disability impact statement. 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 has not replied. 4. I have considered whether a strike out judgement should be limited to the disability discrimination claim since the failure to provide a disability impact statement and medical evidence only relates to that part of the claim. However given the failure by the claimant to reply to the letter of 23 March 2026 and the letter of 3 December 2025, I have concluded that the claimant is not actively pursuing any of her claim and therefore, in accordance with the letter of 23 March 2026, the entire claim should be struck out on the basis that it is not being actively pursued. 5. I…