The Claimant made claims against two universities. One claim was struck out at a case management hearing which had been convened for case management purposes. The Claimant was unaware that a strike out would be considered at this hearing. He appealed against the strike out decision.

The EAT allowed the appeal. The ET conducted a strike out hearing in circumstances where the Claimant had not been forewarned. The guidance in Cox v Adecco and in Hassan v Tesco informs the correct approach to the position to be taken at that stage. This litigant in person was required to consider complex facts and to discover and apply unfamiliar and difficult legal concepts and attach them to those facts at a hearing unprepared. This was following a hearing notice which indicated that case management only would be dealt with. Rule 37 ET rules 2013 require that reasonable notice is given for a strike out. In the circumstances of the case allowing discussion at the hearing did not constitute reasonable notice.