Claimant v Garaffo Catering
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Tribunal notified of ACAS settlement on 12 May 2025. Despite emails on 24 July and 12 September 2025, and strike-out warning on 28 October 2025, the claimant failed to respond or confirm position.
Facts
The claimant brought a claim against Garaffo Catering which apparently settled through ACAS on 12 May 2025. The tribunal contacted the claimant on 24 July 2025 and 12 September 2025 asking for confirmation of the position and whether he wished to withdraw the claim, but received no response. A strike-out warning was issued on 28 October 2025 with a deadline of 11 November 2025, but the claimant again failed to respond.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. Despite multiple attempts to contact the claimant and adequate warning, the claimant did not respond or give reasons why the judgment should not be issued.
Practical note
Tribunals will strike out claims for non-pursuit where claimants fail to respond to tribunal correspondence, even after ACAS settlement notification, following appropriate warning.
Legal authorities cited
Statutes
Case details
- Case number
- 8001278/2025
- Decision date
- 21 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Garaffo Catering
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No