Claimant v Fusion Consulting Group Limited

Outcome

Facts

The claimant brought a claim for constructive dismissal filed on 29 January 2025. The case was listed for a two-day final hearing beginning 22 October 2025. The claimant's representative failed to exchange witness statements as ordered on 9 September 2025, and failed to engage substantively with the tribunal or respondent from late August to 21 October. On 21 October, the representative applied to postpone, claiming illness and asserting he had sent an earlier postponement request on 2 September which was never received. On the morning of the hearing, both the representative and claimant were abroad and did not attend. The respondent applied to strike out the claim.

Decision

The judge refused the application to strike out, finding that while the claimant's representative's conduct was extremely serious, a fair trial remained possible with an adjournment and unless order. The judge distinguished this case from others where strike out was appropriate, noting that the events were recent (early 2025) and any relisting would not cause excessive delay. However, the judge awarded costs of £1,320 against the claimant for the wasted hearing, finding the representative had acted disruptively and unreasonably.

Practical note

Legal authorities cited