Nyathi v Secretary of State for Justice UKEAT/0229/17/JOJ

Appeal against the striking out of the Claimant’s claims for non-compliance with the unless order. Appeal dismissed.

The Claimant was disabled and brought various claims against the Respondent. He repeatedly asked for a stay of proceedings so that he could obtain legal advice. However, his claims were struck out and a reconsideration application was unsuccessful, the hearing of which he did not attend. The Claimant appealed on two main bases: the Judge's consideration of the Claimant's medical issues and the Judge's consideration of the reasons for the Claimant's failure to attend the hearing.

The EAT dismissed the appeal. The Tribunal was not obliged to make any more adjustments to its procedure than it did for a disabled Claimant. The Tribunal erred in not considering whether to cause a telephone call to be made to enquire as to the Claimant's reasons for not attending a hearing. However, that error made no difference to the outcome.

Published: 02/05/2018 11:01

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