The claimant was dismissed summarily for conduct reasons. He filed claims including for disability discrimination relating to autism, though he had not been diagnosed by the time the proceedings started. After a series of failures to meet deadlines the EJ imposed an unless order and his claims were dismissed after his failure to comply. An unfair dismissal claim was subsequently permitted to proceed after a partly successful application but was struck out after further failures to comply with case management orders, a decision the judge refused to reconsider. The claimant appealed both orders on the basis that the EJ had failed to take into account a letter from his psychologist which set out his impairment of autism and its effects.

HHJ Joffe dismissed the appeal as, although failure to account for the letter was an error of discretion, it would have made no difference to the outcome. In particular the psychologist’s letter did not suggest adjustments which would enable a fair trial to take place, bearing in mind the procedural history, nor did it account for the persistent non-compliance with orders.