Cases6011456/2024

Claimant v PB 2021 Ltd

9 December 2025Before Employment Judge Grayon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-compliance with tribunal order dated 16 September 2025 and failure to actively pursue the claim under Rule 38. Claimant did not respond to strike-out warning or request a hearing.

Facts

Claimant brought a claim which was not actively pursued. The tribunal issued an order on 16 September 2025 which the claimant failed to comply with. The tribunal wrote to the claimant warning of potential strike-out under Rule 38, giving an opportunity to explain or request a hearing. The claimant did not respond.

Decision

The tribunal struck out the claim under Rule 38 for non-compliance with the tribunal order and failure to actively pursue the claim. The judge was satisfied the grounds for strike-out applied and that it was in accordance with the overriding objective.

Practical note

Claimants must comply with tribunal orders and actively pursue their claims or risk strike-out under Rule 38, even without a hearing if they fail to respond to warnings.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38Employment Tribunal Procedure Rules 2024 Rule 3

Case details

Case number
6011456/2024
Decision date
9 December 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No