Cases4103059/2025

Claimant v Howden Compressors Limited

19 December 2025Before Employment Judge P O'DonnellScotland

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 38(1)(d). Claimant failed to attend case management hearing on 28 November 2025, did not lodge case management agenda, provided no explanation for non-attendance, and failed to respond to tribunal's warning letter by the deadline of 05 December 2025.

Facts

Miss Yousaf brought an employment claim against Howden Compressors Limited. She failed to attend a case management hearing on 28 November 2025, did not lodge a case management agenda in advance, and provided no explanation for her non-attendance. The tribunal wrote to her on 28 November 2025 warning that it was considering striking out the claim and gave her until 05 December 2025 to provide written reasons or request a hearing. She did not respond to this correspondence.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim was not being actively pursued. The claimant's failure to attend the hearing, provide a case management agenda, and respond to the tribunal's warning letter demonstrated a lack of active pursuit.

Practical note

Claimants must actively pursue their claims by attending hearings, complying with case management orders, and responding to tribunal correspondence or risk having their claims struck out.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
4103059/2025
Decision date
19 December 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
manufacturing
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
lay rep