Claimant v Tesco Stores Limited
Outcome
Individual claims
Claims struck out for non-pursuit under Rule 38. The claimant failed to respond to multiple tribunal requests including case management directions, strike out application deadline, and strike out warning. The claimant also informed the respondent on 30 October 2025 that he wanted to withdraw the claims.
Facts
The claimant brought two claims against Tesco Stores Limited which appeared to be duplicates. The tribunal issued multiple requests for the claimant to respond to case management directions and the respondent's strike out application, including specific deadlines on 15 May 2025, 1 September 2025, and 14 November 2025. The claimant failed to respond to any of these requests. The respondent informed the tribunal that the claimant had told them on 30 October 2025 that he wanted to withdraw his claim.
Decision
The tribunal struck out both claims under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-pursuit. The judge was satisfied that the claims were not being actively pursued given the claimant's failure to respond to multiple tribunal requests and the strike out warning, and that striking out was consistent with the overriding objective.
Practical note
Claimants who fail to engage with tribunal case management directions and do not respond to strike out warnings risk having their claims struck out for non-pursuit, even where a final hearing has been scheduled.
Legal authorities cited
Statutes
Case details
- Case number
- 6022992/2024
- Decision date
- 20 November 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
Claimant representation
- Represented
- No