The Claimant was a disabled person, on account of his Asperger’s syndrome and dyslexia. He brought claims of disability discrimination, whistleblowing detriment and automatically unfair dismissal. The claims were dismissed under r38(1) of the Employment Tribunal Rules because the Claimant failed to comply with an unless order within the specified time. The Claimant was refused relief from sanction under r.38(2) on an application determined on paper. He appealed.

The EAT allowed the appeal. the ET has a duty to consider making reasonable adjustments to accommodate the disabilities of litigants. The ET here erred in failing to consider the question of adjustments. In particular in evaluating the Claimant’s explanation for default it failed to evaluate whether his disability had impeded him in giving an explanation. In consequence, it may have failed properly to consider the extent to which the Claimant’s disabilities were the cause of his procedural failures. The ET failed to consider whether adjustments, including holding a hearing, were appropriate.