25 Sept 2026
Claim struck out
Constructive Dismissal, Discrimination, Whistleblowing and Harassment
Heard at London East
The claimant's claims were struck out in their entirety because his threatening and abusive conduct made a fair trial impossible and no lesser alternative was proportionate.
Legal Issues (4)
- Strike-out under rule 38(1)(b) of the Employment Tribunal Procedure Rules 2024 for unreasonable conduct
- application of Blockbuster Entertainment Ltd v James and Bailey v Aviva Employment Services Ltd
- consideration of whether a fair trial remains possible and proportionality
- impact of claimant's mental health on conduct and case management
Reference: 6023584/2024