Employment Appeal Tribunal upholds strike out of discrimination claim against University of Nottingham
The Employment Appeal Tribunal has upheld the decision to strike out a discrimination claim after the claimant failed to engage with tribunal procedures.
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Background of the Case
The Employment Appeal Tribunal (EAT) has dismissed an appeal by Mr R Sharma against the University of Nottingham. Mr Sharma, a former contract and supplies manager, had brought claims of age, race, and disability discrimination, alongside unfair dismissal.
The original Employment Tribunal judgment saw the claimant's case struck out due to his unreasonable conduct and failure to actively pursue his claim. The claimant, who has reported mental and physical health conditions, had requested significant procedural adjustments, including extended deadlines and the rescheduling of hearings to accommodate various family and social commitments.
Tribunal Findings
Her Honour Judge Joffe, presiding over the appeal, highlighted the procedural history, noting that the claimant had frequently failed to attend scheduled hearings or provide advance notice of his non-attendance. Despite the claimant's assertions that the Employment Tribunal failed to address his applications for reasonable adjustments, the EAT found no error in law.
The EAT concluded that the Employment Judge had properly considered the claimant's disability based on the available evidence. Furthermore, the tribunal noted that the claimant's decision to prioritise family events, such as weddings and international travel, over court proceedings, amounted to a wilful disregard for tribunal orders. The EAT confirmed that the tribunal was not obliged to determine interlocutory applications when the claimant's own non-attendance prevented proper consideration of those matters.
Outcome
The judgment emphasises that tribunals must balance the needs of disabled litigants with the overriding objective of ensuring a fair and efficient process for all parties. Because the claimant’s disruptive and uncooperative behaviour made a fair trial impossible within the required timeframe, the strike out was deemed a proportionate and necessary response.
Read the entire judgment here: R Sharma v University of Nottingham [2026] EAT 145
