Claimant v Safe and Sound Wiltshire LLP T/a Bluebird Care (Wiltshire North)

Outcome

Facts

The claimant Ms Kosma failed to attend a hearing scheduled for 16 July 2025. The tribunal issued an order on that date requiring her to explain her non-attendance and confirm whether she wished to pursue her claim. The order was sent to parties on 28 August 2025. The claimant did not comply with this order. On 30 October 2025, the tribunal sent a warning letter informing the claimant that the claim might be struck out for non-compliance and failure to actively pursue, giving her an opportunity to respond or request a hearing. The claimant did not respond to the warning letter.

Decision

Employment Judge Bax struck out the claim under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal was satisfied that the grounds for strike-out applied due to the claimant's failure to comply with the tribunal's order and failure to actively pursue the claim, and that striking out was consistent with the overriding objective.

Practical note

Legal authorities cited