Claimant v GXO Logistics UK Limited
Outcome
Individual claims
Struck out for persistent non-compliance with case management orders. Claimant failed to provide schedule of loss, disclosure, hearing bundle or witness statements. No possibility of fair trial within 8 weeks before listed final hearing.
Struck out for persistent non-compliance with case management orders. Claimant failed to provide schedule of loss, disclosure, hearing bundle or witness statements. No possibility of fair trial within 8 weeks before listed final hearing.
Struck out for persistent non-compliance with case management orders. Claimant failed to provide schedule of loss, disclosure, hearing bundle or witness statements. No possibility of fair trial within 8 weeks before listed final hearing.
Struck out for persistent non-compliance with case management orders. Claimant failed to provide schedule of loss, disclosure, hearing bundle or witness statements. No possibility of fair trial within 8 weeks before listed final hearing.
Struck out for persistent non-compliance with case management orders. Claimant failed to provide schedule of loss, disclosure, hearing bundle or witness statements. No possibility of fair trial within 8 weeks before listed final hearing.
Facts
Mr Martins brought 10 claims (out of 16 total claims with his ex-wife) against GXO Logistics and Mr Fludgate, alleging discrimination on grounds of gender reassignment, marriage and sex, whistleblowing and constructive dismissal. The first claim was filed in September 2020. A 15-day final hearing was listed for September 2025. The claimant failed to comply with any case management orders made in May 2024, including providing a schedule of loss, disclosure, hearing bundle or witness statements. The respondent sought strike out in February 2025 for non-pursuit. The claimant cited anxiety, depression and effects of divorce as reasons for non-compliance but provided no medical evidence.
Decision
The tribunal struck out all of Mr Martins' claims under Rules 38(1)(b) and (c). Employment Judge Alliott found the breach was of the greatest magnitude, wholly the claimant's fault, and that a fair trial was impossible with only 8 weeks before the final hearing. The respondent would be greatly prejudiced in preparing 13-15 witness statements and trial bundle in that time. Strike out was found to be proportionate as postponement would mean a hearing in late 2027, prejudicing the respondent with events up to 7 years old.
Practical note
Even where a litigant in person cites mental health difficulties, complete failure to comply with case management orders will result in strike out where a fair trial is no longer possible and no lesser sanction can salvage the hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 3311560/2020
- Decision date
- 19 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No