This case considered when a strike out application is appropriate when a claimant refuses to co-operate with an order to obtain medical evidence.

In this case the claimant refused to agree to attend an appointment with the respondent’s medical expert. Instead the claimant provided a report from their own medical expert.
The respondent applied to strike out or stay the proceedings pending the medical evidence. The employment tribunal refused, however the EAT overturned this decision.
The EAT granted an ‘unless order’ giving the claimant a final opportunity to comply. The EAT stated that the respondent was unfairly disadvantaged by not being able to properly prepare its case.
Key point: This case recognises that a respondent has the right to have their own medical expert instructed and claimants will see consequences for failing to comply with orders to obtain medical evidence.
GCHQ v Bacchus