Claimant v Wild Hearth Bakery
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to tribunal correspondence, failed to respond to strike-out warning dated 30 October 2025 by the deadline of 13 November 2025, and failed to request a hearing.
Facts
Mr B Bingham brought an employment claim against Wild Hearth Bakery. The tribunal wrote to the claimant multiple times but received no response. On 30 October 2025, the tribunal issued a formal warning that the claim would be struck out for non-pursuit and gave the claimant until 13 November 2025 to respond or request a hearing. The claimant failed to respond to this warning.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the basis that the claim had not been actively pursued. The claimant was given fair warning and an opportunity to explain or request a hearing but failed to engage with the tribunal process.
Practical note
Claimants must actively engage with tribunal correspondence and deadlines or risk having their claims struck out for non-pursuit, even when represented.
Legal authorities cited
Statutes
Case details
- Case number
- 4101250/2025
- Decision date
- 26 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep