Claimant v DesCare Limited
Outcome
Individual claims
The claims were struck out by Employment Judge Roper for non-pursuit by the claimant. The claimant applied for reconsideration but did not attend the reconsideration hearing. The reconsideration application was refused and the original strike-out judgment was confirmed.
Facts
The claimant had claims struck out by Employment Judge Roper for non-pursuit. The claimant applied for reconsideration under Rule 68 of the Employment Tribunals Rules of Procedure 2024. The reconsideration hearing was listed for 26 September 2025 but the claimant did not attend. The respondent was represented by counsel.
Decision
Employment Judge Self refused the reconsideration application and confirmed the original strike-out judgment. The tribunal also found that the claimant had acted unreasonably in conducting the proceedings and ordered her to pay the respondent £1,900 in costs within 28 days.
Practical note
Claimants who fail to actively pursue their claims and then fail to attend reconsideration hearings risk having their applications refused and being ordered to pay the respondent's costs for unreasonable conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 6002721/2024
- Decision date
- 26 September 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- DesCare Limited
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No