Cases2401838/2025

Claimant v D&H Equipment

26 September 2025Before Employment Judge KM RossManchesterremote video

Outcome

Claimant fails

Individual claims

Holiday Paystruck out

Claim struck out under Rules 47 and 38(1)(d) because the claimants did not attend the hearing and the claims have not been actively pursued.

Redundancy Paystruck out

Claim struck out under Rules 47 and 38(1)(d) because the claimants did not attend the hearing and the claims have not been actively pursued.

Facts

Two claimants, Mr B Kedward and Mr J Wilkinson, brought claims against D&H Equipment for holiday pay and redundancy pay. Both claimants and the respondent failed to attend the scheduled hearing by video on 26 September 2025.

Decision

Employment Judge KM Ross struck out both claims under Rules 47 and 38(1)(d) of the Employment Tribunal Rules of Procedure 2024 due to the claimants' non-attendance at the hearing and their failure to actively pursue their claims.

Practical note

Claimants must attend scheduled hearings and actively pursue their claims or risk having them struck out for non-pursuit, even where the respondent also does not attend.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 Rule 47Employment Tribunal Rules of Procedure 2024 Rule 38(1)(d)

Case details

Case number
2401838/2025
Decision date
26 September 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No