Claimant v Mears Limited
Outcome
Individual claims
Claim struck out under rule 38(1)(b), (c), (d) and (e) for unreasonable conduct, failure to comply with tribunal orders, failure to actively pursue the case, and rendering a fair trial impossible. Claimant failed repeatedly to clarify his allegations despite four preliminary hearings and multiple tribunal orders.
Claim struck out for same reasons as discrimination claim. Claimant failed to provide breakdown of calculations despite directions in October 2024 and failed to file schedule of loss as ordered in February 2025.
Claim struck out for same reasons. Although unfair dismissal was not originally identified in box 8.1 of the claim form, claimant later indicated this was part of his complaint, but still failed to clarify the claim sufficiently.
Facts
The claimant, a plumber employed from November 2021 to December 2023, brought claims of race discrimination and unlawful deductions from wages. His claim form lacked clarity about the nature of his allegations. Despite four preliminary hearings before three different judges and multiple tribunal orders directing him to clarify his claims, provide further particulars, and file a schedule of loss, the claimant repeatedly failed to comply. He did not attend the final hearing, claiming traffic difficulties and then a flat tyre.
Decision
The tribunal struck out all claims under rule 38(1)(b), (c), (d) and (e). The judge found the claimant had conducted proceedings unreasonably, failed to comply with tribunal orders, failed to actively pursue his case, and caused prejudice to the respondent such that a fair trial was no longer possible. After 18 months and four hearings, the respondent still did not understand the case it had to meet.
Practical note
Repeated failure by an unrepresented claimant to comply with tribunal orders to clarify claims, despite multiple opportunities across four preliminary hearings, will result in strike out even in discrimination cases where the threshold is normally high.
Legal authorities cited
Statutes
Case details
- Case number
- 6001504/2024
- Decision date
- 8 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Mears Limited
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Plumber
- Service
- 2 years
Claimant representation
- Represented
- No