Claimant v Taylor Wimpey UK Limited
Outcome
Individual claims
Claim for breach of the Health and Safety Act 1974 struck out for having no reasonable prospect of success. The Claimant failed to make representations or request a hearing after being given the opportunity by case management orders dated 16 April 2025.
Detriment complaint under s.44 Employment Rights Act 1996 struck out for having no reasonable prospect of success. The Claimant failed to make representations or request a hearing after being given the opportunity by case management orders dated 16 April 2025.
Complaint of breach of the Flexible Working Regulations 2014 and/or s.80I Employment Rights Act 1996 struck out for having no reasonable prospect of success. The Claimant failed to make representations or request a hearing after being given the opportunity by case management orders dated 16 April 2025.
Facts
Mr Unwin brought claims against Taylor Wimpey UK Limited including complaints for breach of the Health and Safety Act 1974, detriment under s.44 Employment Rights Act 1996, and breach of the Flexible Working Regulations 2014. The tribunal gave the Claimant an opportunity via case management orders dated 16 April 2025 to make representations or request a hearing as to why these claims should not be struck out for having no reasonable prospect of success. The Claimant failed to respond or make sufficient representations.
Decision
The tribunal struck out the claims for breach of the Health and Safety Act 1974, detriment under s.44 ERA 1996, and breach of the Flexible Working Regulations 2014/s.80I ERA 1996 on the basis that they had no reasonable prospect of success. The respondent's name was also amended to Taylor Wimpey UK Limited. The claimant's remaining claims will proceed to a case management hearing on 1 September 2025.
Practical note
Claimants must respond to case management orders and defend their claims when given the opportunity, or risk having claims with no reasonable prospect of success struck out on paper without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6022183/2024
- Decision date
- 1 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- Yes
Claimant representation
- Represented
- No