Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claim was struck out for failure to actively pursue it. The claimant failed to make representations or request a hearing after being given notice on 5 September 2025.
Facts
Mr Ndow brought a claim against Marks and Spencer Plc. The Tribunal wrote to him on 5 September 2025 inviting representations as to why the claim should not be struck out for failure to actively pursue it. The claimant failed to respond or request a hearing. A full merits hearing had been scheduled for 23-30 October 2025.
Decision
Employment Judge Hutchings struck out the claim on papers for failure to actively pursue it. The claimant had been given notice and an opportunity to make representations or request a hearing but failed to do so. The scheduled hearing was cancelled.
Practical note
Claimants must actively engage with tribunal proceedings and respond to case management orders, or risk having their claims struck out for non-pursuit even on the eve of a scheduled hearing.
Case details
- Case number
- 3303306/2024
- Decision date
- 6 October 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No