Claimant v Barts Health NHS Trust
Outcome
Individual claims
Claim struck out for non-compliance with tribunal orders dated 31 July 2024, failure to actively pursue the claim, failure to attend the preliminary hearing, failure to respond to tribunal correspondence, and failure to prepare for the final hearing including not producing witness statements or booking time off work.
Facts
The claimant brought claims against Barts Health NHS Trust and five individual respondents. The claimant failed to comply with tribunal orders dated 31 July 2024, failed to cooperate in hearing preparation including producing witness statements or agreeing a hearing bundle, and failed to attend the preliminary hearing on 25 November 2025. The claimant remained employed by the first respondent and had not booked time off work to attend the scheduled final hearing.
Decision
The tribunal struck out the claim under Rule 38(1)(c) and (1)(e) of the Employment Tribunal Procedure Rules 2024 on the basis that the claimant had failed to comply with tribunal orders and had not actively pursued the claim. The tribunal was satisfied this was in accordance with the overriding objective given the claimant's complete failure to engage with the proceedings.
Practical note
Claimants who fail to comply with case management orders and do not actively prepare for their hearing risk having their claims struck out, even where they remain employed by the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 3202406/2023
- Decision date
- 25 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No