The claimant was employed by the respondent but resigned in January 2021 claiming constructive dismissal, protected disclosure detriments and disability discrimination. He repeatedly failed to comply with tribunal orders to provide particulars of his claim, citing health reasons, and claimed without evidence that a medical appointment prevented his attendance at a preliminary hearing. The employment judge struck out the claim as the claimant had intended to mislead the tribunal.

Deputy High Court Judge Andrew Burns KC dismissed all three grounds of appeal. The ET had properly applied the two-stage test from Rolls Royce v Riddle, and had properly considered both the threshold for conduct and the discretionary nature of their decision, even though not expressly. The judge also agreed that the ET had been right not to consider lesser sanctions such as an unless order as the misconduct was deliberate deception, not mere non-compliance.