Outcome
Individual claims
The employer's contract claim was struck out because the respondent (employee) did not comply with the tribunal order dated 13 August 2025, did not actively pursue the claim, and failed to respond to the tribunal's warning letter of 20 October 2025 providing an opportunity to explain why it should not be struck out.
Facts
This is an employer's contract claim brought by Prestige Personal Care Ltd against its former employee Mr S Perfect. The respondent employee failed to comply with a tribunal order dated 13 August 2025 and did not actively pursue his response to the employer's claim. The tribunal warned the respondent on 20 October 2025 that it was considering striking out the claim and gave him an opportunity to respond, but he did not do so.
Decision
The tribunal struck out the employer's contract claim under Rule 38 of the Employment Tribunal Procedure Rules 2024 due to the respondent's non-compliance with the tribunal order and failure to actively pursue the response. Other parts of the response remain unaffected.
Practical note
An employee's failure to comply with tribunal orders and pursue their response to an employer's contract claim will result in that claim being struck out, even where the employee is the respondent to the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3303750/2023
- Decision date
- 7 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Mr S Perfect
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No