Claimant v Francey Limited
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for non-pursuit. Claimant failed to comply with Order 3 issued on 17 September 2025, failed to respond to reminders on 14 October and 27 October 2025, and failed to provide written reasons or request a hearing by 17 December 2025 despite being given the opportunity.
Facts
Mr G Tait brought a claim against Francey Limited. The tribunal issued Orders on 17 September 2025, requiring the Claimant to comply with Order 3 by 08 October 2025. The Claimant failed to comply despite reminders on 14 October and 27 October 2025. On 10 December 2025, the Tribunal gave the Claimant until 17 December 2025 to provide written reasons or request a hearing as to why the claim should not be struck out. The Claimant failed to respond.
Decision
Employment Judge Sutherland struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim has not been actively pursued. The Claimant was given multiple opportunities to comply with tribunal orders and to explain the non-compliance but failed to do so.
Practical note
Unrepresented claimants must comply with tribunal orders and respond to correspondence, or risk having their claims struck out for non-pursuit even without a hearing.
Legal authorities cited
Case details
- Case number
- 4102859/2025
- Decision date
- 6 January 2026
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Francey Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No