Chauhan v University of Leicester  EAT 112
Appeal against the dismissal of the Claimant's claim after he failed to comply with an unless order. Appeal dismissed.
The Claimant made claims of race discrimination back in 2019 but the basis of the complaints in his ET1 was not clear and a request for further and better particulars (FBPs) was made by the employer. In due course an unless order was made which stated that unless by 25/1/21 he sent FBPs of his claim to the ET and the employer the claim would be struck out without further order. The Claimant purported to serve FBPs responsive to the employer’s request on 25/1/21 but the EJ decided that they did not properly comply with the requirements of the unless order and he refused to grant relief from sanctions and confirmed that the claim was struck out. The Claimant appealed.
The EAT dismissed the appeal. Firstly, although on its face the unless order was probably too vague in what it required of the Claimant to be an effective unless order, seen in its legal and procedural context it was clear that the Claimant was required to provide FBPs which responded to the employer’s request. Secondly, the provision in the unless order that the “claim” would be struck out was clearly referring to the whole claim brought by the ET1. Thirdly, the appeal in relation to relief from sanctions failed since it was based on the premise that there was one complaint on which proper particulars had been provided and it was plain that the EJ found that even the particulars provided of that complaint were inadequate.
Published: 07/09/2023 09:21