John Grantham v Bournemouth, Christchurch and Poole Council

Facts

The claimant, Mr John Grantham, was summarily dismissed by Bournemouth, Christchurch and Poole Council on 12 October 2018 for a reason the respondent said related to conduct. On 17 March 2019 he presented a claim form alleging unfair dismissal and disability discrimination, though the basis of both was unclear. Over the following year Employment Judge Emerton made repeated attempts to have the claims particularised, giving orders for further information, medical evidence and a disability impact statement, extended time more than once, and warned in terms that a further strike-out application might succeed. Compliance remained partial. An unless order made by Employment Judge Rayner on 20 April 2020 required compliance by 24 April 2020; the claimant's further particulars were incomplete and no impact statement was provided, and on 13 May 2020 EJ Emerton confirmed the claims stood dismissed. On 18 June 2021, on an application under what was then rule 38(2), EJ Emerton restored the unfair dismissal claim alone. The claimant then applied for reconsideration, enclosing a letter from Dr Edwards, a clinical psychologist, diagnosing Autistic Spectrum Disorder. Further non-compliance followed, and on 26 January 2022 Employment Judge Cadney struck out the unfair dismissal claim and refused reconsideration. The claimant appealed both orders.