Claimant v Euro Foods Group Limited
Outcome
Individual claims
Claim dismissed under rule 47 and struck out under rule 38 for failure to actively pursue the claim. Claimant failed to respond to warning letter from Employment Judge Smart dated 13 August 2025 which gave until 18 August 2025 to object to dismissal or strike out.
Facts
Mr Garbett brought a claim against Euro Foods Group Ltd. Employment Judge Smart wrote to him on 13 August 2025 warning that his claim would be dismissed under rule 47 or struck out under rule 38, giving reasons and a deadline of 18 August 2025 to object. Mr Garbett did not respond or communicate with the Tribunal at all.
Decision
Employment Judge Maxwell dismissed the claim under rule 47 for non-pursuit and alternatively would have struck it out under rule 38. The claimant's failure to respond to the warning letter and failure to actively pursue his claim resulted in dismissal. The scheduled hearing on 4 November 2025 was vacated.
Practical note
Claimants who fail to engage with tribunal correspondence and pursue their claims face dismissal under rule 47, even before a merits hearing takes place.
Legal authorities cited
Case details
- Case number
- 6023294/2024
- Decision date
- 28 October 2025
- Hearing type
- dismissal on withdrawal
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No