The Claimant made claims of unfair dismissal and unlawful disability discrimination in 2013. 2 unless orders were made, the claims were struck out for non-compliance but then reinstated. The claims were once again struck out after the Claimant failed to comply with case management orders (these were not unless orders). The Claimant appealed.

The EAT allowed the appeal. They concluded that the Tribunal had not recognised the draconian nature of a strike out decision and the importance of not too readily exercising the strike out jurisdiction. Above all, there was no recognition of the need to consider whether the sanction of strike out is a proportionate response in the particular circumstances of this case, including by reference to the question whether a fair trial remained possible, or a lesser sanction was available.