Claimant v Royal Mail Group Limited
Outcome
Individual claims
Struck out under Rule 38(1)(c) and (d) because the claimant failed to comply with multiple tribunal orders including failing to serve schedule of loss, disclose documents, agree hearing bundle, or serve witness statement, and failed to actively pursue the claim by not attending the hearing and not complying with directions.
Facts
The claimant, an MGV driver employed by Royal Mail for over 37 years, was dismissed on ill-health capability grounds on 29 July 2024. He claimed unfair dismissal, alleging he was retired without proper consultation or paperwork. The respondent maintained the dismissal followed an occupational health assessment and capability meeting. The matter was listed for final hearing on 9-10 September 2025, but the claimant failed to comply with any case management orders and did not attend the hearing, applying for postponement on the day due to a hospital appointment.
Decision
The tribunal refused the postponement application and struck out the claim under Rule 38(1)(c) and (d). The claimant had persistently failed to comply with orders to provide schedule of loss, disclose documents, agree the bundle, and serve a witness statement, and had not actively pursued the claim. The tribunal found it would not be consistent with the overriding objective to adjourn.
Practical note
Persistent non-compliance with case management orders and failure to actively pursue a claim will result in strike-out, even for long-serving employees with potentially meritorious substantive claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6021125/2024
- Decision date
- 9 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- MGV driver
- Service
- 37 years
Claimant representation
- Represented
- No