Claimant v Virgin Atlantic Airways Limited
Outcome
Individual claims
Claim struck out for non-pursuit after claimant failed to respond to tribunal's letter dated 15 July 2025 offering opportunity to make representations or request a hearing. Tribunal found fair hearing no longer possible and claim had no reasonable prospect of success following earlier judgment dated 10 January 2025.
Facts
This is a procedural strike-out judgment. Following an earlier judgment dated 10 January 2025, the tribunal wrote to the claimant on 15 July 2025 offering an opportunity to make representations or request a hearing as to why the claim should not be struck out, as it appeared a fair hearing was no longer possible and the claim had no reasonable prospect of success. The claimant failed to respond to this letter.
Decision
The tribunal struck out the claim on the basis that the claimant failed to make sufficient representations or request a hearing in response to the unless order. The tribunal concluded that a fair hearing was not possible.
Practical note
Unrepresented claimants who fail to respond to tribunal correspondence offering a final opportunity to save their claim from strike-out will have their claims dismissed, particularly where earlier judgments have already identified fundamental problems with the case.
Case details
- Case number
- 2307558/2020
- Decision date
- 22 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No