Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claim was struck out under Rule 38 because the claimant failed to comply with multiple Tribunal Orders and the claim had no reasonable prospect of success. The claimant appeared in person and failed to engage with the tribunal process appropriately.
Facts
M Adom brought a claim against Marks and Spencer PLC. The claimant appeared in person while the respondent was represented by counsel. The claimant failed to comply with multiple tribunal orders during the course of the proceedings.
Decision
Employment Judge Codd struck out the claim under Rule 38 on two grounds: the claimant's failure to comply with multiple tribunal orders and the claim having no reasonable prospect of success. This was a complete loss for the unrepresented claimant.
Practical note
Failure to comply with tribunal orders, particularly for unrepresented claimants, can result in strike-out even before the merits are fully examined, especially when combined with a lack of reasonable prospects of success.
Legal authorities cited
Case details
- Case number
- 6004427/2024
- Decision date
- 22 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No