Claimant v Vericall Ltd
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 because it had not been actively pursued. The claimant failed to respond to three separate pieces of correspondence from the Tribunal seeking further specification of the claim and offering an opportunity to explain why the claim should not be struck out.
Facts
Mr C Birrell brought a claim against Vericall Ltd but failed to provide further specification when requested by the Tribunal. The Tribunal wrote to the claimant on 2 September 2025 seeking further details, sent a reminder on 18 September 2025, and on 2 October 2025 gave a final opportunity until 16 October 2025 to explain why the claim should not be struck out. The claimant did not respond to any of these communications.
Decision
The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. The claimant's repeated failure to respond to correspondence or engage with the proceedings left the Tribunal with no option but to dismiss the claim.
Practical note
Claimants must actively pursue their claims and respond to Tribunal correspondence or risk having their claims struck out for non-pursuit, even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 8001856/2025
- Decision date
- 22 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Vericall Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No