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If a delay in tribunal proceedings is so long that a fair trial
is no longer possible, then a tribunal is right to strike out the claim, even
if the delay is caused by ill health due to stress alleged to have been caused
by the treatment which the claimant is complaining about in the tribunal
Ms R brought three sets of tribunal proceedings claiming
bullying and harassment, racial discrimination and eventual dismissal for
making false allegations. An occupational health report stated that she was
unfit to attend a hearing and would not be fit for at least a further 12 months.
The tribunal struck the claim out because the events
she was complaining about were already so far in the past that a fair trial was
no longer possible. The Court of Appeal held the tribunal was entitled to
strike out the claim. Doctors could not give any realistic prognosis of
sufficient improvement within a reasonable time and the case was dealing with
matters which were already in the distant past.