SRCL Ltd T/a Stericycle

Case Summary

The claimant claims disability discrimination. The claimant failed to comply with Tribunal orders to provide medical evidence, and the claim was struck out as a result.

The claimant failed to comply with tribunal orders requiring the provision of medical evidence, resulting in the claim being struck out for non-compliance.

• •Claimant failed to comply with Tribunal orders, claimant's claim struck out

Case N0. 1806625/2023 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr G Goldthorpe Respondent: SRCL Limited t/a Stericycle JUDGMENT The claim is struck out. REASONS Background 1. The claimant claims discrimination arising from disability. Disability is disputed. 2. At a preliminary hearing on 29 January 2024 the claimant was ordered to provide a disability impact statement and medical records to the respondent by 25 March 2024. On 28 May 2024, having chased the claimant’s representative for the medical evidence, the respondent made an application for a postponement of the final hearing in September 2024 and for a further preliminary hearing to be listed. While that application was rejected, the Tribunal ordered that the claimant write to the Tribunal by 12 June 2024 providing an explanation of what attempts he had made to obtain medical evidence and when it was likely to be provided. 3. The claimant’s representative applied for a postponement of the final hearing on 12 July 2024, indicating that the claimant had spent time in and out of hospital and they had not been able to contact their client since 25 May 2024 nor obtain medical evidence. On 22 July 2024 the respondent applied for a strike out of the claimant’s claim on the grounds that the claimant had failed to comply with the Tribunal’s case management orders and was not actively pursuing the claim. The claimant’s representatives objected to that application but indicated that they were unable to reach their client to take instructions. 4. By letter dated 5 August 2024, the Tribunal refused the claimant’s application for postponement of the final hearing and gave the claimant one final opportunity to provide medical evidence as to why he had not complied with Case N0. 1806625/2023 6.2 Strike out Judgment – claim - rule…