Claimant v HM Revenue & Customs
Outcome
Individual claims
Struck out for non-pursuit under Rule 38. Claimant failed to comply with tribunal orders dated 22 May 2025, failed to attend preliminary hearings on 22 May 2025 and 8 August 2025 without good reason, and failed to respond to tribunal correspondence and orders.
Facts
Miss B Clarke brought a claim against HMRC. The tribunal issued orders on 22 May 2025. The claimant failed to comply with multiple orders (specifically orders 4, 5, 6 and 14), failed to attend preliminary hearings on 22 May 2025 and 8 August 2025, and failed to respond to tribunal correspondence. The tribunal issued a warning letter on 8 August 2025 about potential strike out.
Decision
Employment Judge Sweeney struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 on the basis that the claimant had not complied with tribunal orders and had not actively pursued the claim. The judge determined this was in accordance with the overriding objective in Rule 3.
Practical note
Unrepresented claimants who fail to engage with tribunal processes, miss hearings, and ignore orders risk having their claims struck out for non-pursuit even before the merits are heard.
Legal authorities cited
Case details
- Case number
- 2500024/2025
- Decision date
- 15 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- No
Claimant representation
- Represented
- No