Claimant v The Vegan Society
Outcome
Individual claims
The claim was struck out for non-pursuit under Rule 38. The claimant failed to comply with case management orders, failed to engage with the respondent's solicitors, and failed to address matters ordered by Employment Judge Edmonds, making a fair hearing impossible.
Facts
The claimant brought proceedings against The Vegan Society but failed to actively pursue the claim. Employment Judge Harding warned the claimant on 9 May 2025 that the claim might be struck out for non-pursuit. Employment Judge Edmonds subsequently issued case management orders, but the claimant failed to comply. When given an opportunity to respond on 8 December 2025, the claimant's letter of 12 December 2025 failed to address any of the matters ordered or the respondent's concerns about non-compliance.
Decision
Employment Judge Faulkner struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue it. The tribunal found that the claimant's failure to comply with case management orders and engage with the issues raised by the respondent made it impossible to have a fair hearing, applying Emuemukoro v Croma Vigilant. The scheduled hearing for 12-19 January 2026 was cancelled.
Practical note
A claim will be struck out for non-pursuit where a claimant repeatedly fails to comply with case management orders and does not engage with tribunal directions, rendering a fair hearing impossible.
Legal authorities cited
Statutes
Case details
- Case number
- 1302702/2024
- Decision date
- 15 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No