Meanwhile in the “other” case…

Case Update: Thompson v Cepac Ltd

This is a factual update on the procedural developments in my other Employment Tribunal case against Cepac Ltd (claim number 6019060/2024), in which I bring claims under the Equality Act 2010. The case concerns disability-related matters, where it is alleged an interview offer was withdrawn after the Respondent learned of disability, and is currently listed for a further preliminary hearing on 8 September 2025. The case became linked to the Cummins case through Wendy Miller KC, who opted to oppose me in both. It is unclear at this point if she is retained by Cepac Ltd.


🔹 Summary of Prior Orders

On 2 June 2025, the Tribunal issued Order 4, requiring me to provide medical evidence explaining my non-attendance at the second preliminary hearing on 8 May 2025. Specifically, it directed me to submit a letter or report from a medical practitioner familiar with my condition, stating whether I was medically unfit to attend and in what way my condition affected my ability to participate.

On 17 June 2025, Employment Judge Jeram issued a clarification of Order 4, stating the deadline for compliance was 30 June 2025.

On the same date (17 June), I sent multiple emails to the Tribunal requesting plain-language clarification of what further evidence was required. I also raised concerns regarding financial constraints and existing medical evidence already on record. I requested that no deadline be imposed until clarification had been provided. As of 8 July, I have not received a response to that request.


🔹 Respondent’s Unless Order Application

On 8 July 2025 at 13:02, the Respondent’s representative, Sam Butler of Horsfield Menzies, submitted an application to the Tribunal for an Unless Order under Rule 39(1) of the Employment Tribunal Rules. The application states that the Claimant failed to comply with Order 4 by the 30 June deadline and requests that the Tribunal issue an order requiring compliance within 14 days, failing which the claim should be struck out without further notice. This application was made in full knowledge that I am awaiting clarification from the Tribunal.


🔹 My Response – 8 July 2025

I submitted the following three items to the Tribunal in response:

1. Objection to Unless Order Application

  • Stated that I had responded to the Tribunal’s clarification email on 17 June 2025, requesting further guidance.
  • Noted that I had cited financial hardship and referred to existing evidence already submitted.
  • Requested that no enforcement action be taken before that clarification is provided.

2. Follow-Up Submission

  • Informed the Tribunal that the ongoing procedural steps were contributing to a deterioration in my mental health condition, which has been previously evidenced.
  • Asked that the Tribunal take account of this in determining next steps.

3. Rule 29 Application to Amend Claim

  • Applied to amend the claim to include a further complaint under Section 26 of the Equality Act 2010 (harassment).
  • Cited the Respondent’s procedural conduct and its effect on my health, and previous occasions of putting the Respondent on notice of their unwelcome conduct.
  • Confirmed I would rely on existing medical evidence and that the claim is still at the case management stage.

🔹 Next Steps

Pending issues now before the Tribunal include:

  • Whether to grant the Respondent’s Unless Order application;
  • Whether to allow the Rule 29 amendment application;
  • Whether to issue a further clarification of Order 4.

The next preliminary hearing remains scheduled for 8 September 2025.

The above update is designed as a matter-of-fact update to proceedings and I have removed opinion from it where possible.

I will update as necessary.

Lee Thompson – Founder, The Cummins Accountability Project

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