The claimant claimed unfair dismissal and disability discrimination. After failure to comply with numerous Orders of the tribunal, an ‘Unless Order’ was issued, with a warning that the claim could be struck out in the event of non-compliance.

The claimant’s solicitor later emailed the tribunal with notice that the claimant wished to withdraw the disability discrimination claim.  After sacking his solicitor, the claimant contacted the tribunal with some concerns and later advised that his disability discrimination claim had been withdrawn without his knowledge.

The tribunal had to decide whether the interests of justice required a review and setting aside of the decision to dismiss the disability claim. The claimant contended that the solicitor’s unilateral act was manifestly inexplicable and