Claimant v London Borough of Hounslow
Outcome
Individual claims
Struck out for non-compliance with tribunal orders requiring exchange of witness statements by 14 October 2024 and for failure to actively pursue the claim. Claimant failed to respond to respondents' correspondence and tribunal's direction dated 2 October 2025.
Facts
The claimant brought claims against London Borough of Hounslow and Cavendish Primary School. A five-day hearing was listed and postponed twice, ultimately scheduled for October 2025. Case management orders required exchange of witness statements by 14 October 2024. The respondents confirmed they were ready to exchange but the claimant failed to respond to correspondence seeking an exchange date. Despite being given a deadline to object to a strike-out application, the claimant failed to respond to the tribunal.
Decision
The tribunal struck out the claim under Rule 38 for non-compliance with tribunal orders and failure to actively pursue the claim. The judge considered an unless order but concluded that with only 3 working days before the hearing, a fair trial was unlikely. Given the lack of explanation for the claimant's default, strike-out was appropriate.
Practical note
Unrepresented claimants who fail to comply with case management orders and do not respond to tribunal correspondence risk having their claims struck out, particularly where this would make a fair hearing impossible.
Legal authorities cited
Statutes
Case details
- Case number
- 2217705/2023
- Decision date
- 13 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- London Borough of Hounslow
- Sector
- local government
- Represented
- Yes
Claimant representation
- Represented
- No