Cases2600257/2025

Claimant v Darley Abbey Village Stores Limited (In Liquidation)

27 November 2025Before Employment Judge R AdkinsonMidlands Easton papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under Rule 38 for non-compliance with the Tribunal Order dated 2 September 2025. The claimant failed to respond to the Tribunal's warning letter of 14 November 2025 which invited explanation or requested a hearing.

Facts

A J Watson brought a claim against Darley Abbey Village Stores Limited, a company in liquidation. The Tribunal issued an Order on 2 September 2025 which the claimant failed to comply with. The Tribunal wrote to the claimant on 14 November 2025 warning of potential strike out and inviting a response or hearing request. The claimant did not reply.

Decision

Employment Judge Adkinson struck out the claim on 27 November 2025 under Rule 38 for non-compliance with the tribunal order and failure to respond to the warning letter. The Judge found it in accordance with the overriding objective to strike out the claim due to non-compliance and lack of representation as to why it should not be struck out.

Practical note

Failure to comply with tribunal orders and respond to strike-out warnings will result in claims being struck out, even against insolvent respondents.

Legal authorities cited

Statutes

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

Case details

Case number
2600257/2025
Decision date
27 November 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
retail
Represented
No

Claimant representation

Represented
No