Claimant v Nestle Waters Limited
Outcome
Individual claims
All claims struck out under Rules 38(1)(c) and 38(1)(d) for breach of tribunal orders and failure to actively pursue the claims over a sustained period of many months. Claimant did not attend preliminary hearing on 6 May 2025, did not comply with case management orders, and did not respond to strike-out warning by the 6 October deadline.
Facts
The Claimant brought claims against Nestle Waters Limited. He failed to attend a preliminary hearing on 6 May 2025 and did not comply with subsequent case management orders. The tribunal issued a strike-out warning requiring submissions or a hearing request by 6 October 2025, but the Claimant made no response.
Decision
The tribunal struck out all claims under Rules 38(1)(c) and 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for breach of orders and failure to actively pursue the claims. The tribunal found strike-out was proportionate given the sustained period of non-compliance over many months, and that a lesser sanction would not be sufficient.
Practical note
Unrepresented claimants must comply with tribunal orders and actively pursue their claims, or risk having their case struck out for non-pursuit even before the merits are heard.
Legal authorities cited
Statutes
Case details
- Case number
- 2406718/2024
- Decision date
- 22 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No