Claimant v Tameside Sports Trust
Outcome
Individual claims
The claim was struck out under Rule 38(1)(d) because the claimant failed to attend two scheduled hearings and did not engage with the Tribunal throughout the proceedings. The tribunal found the claim was not being actively pursued by the claimant.
Facts
The claimant brought an unfair dismissal claim against Tameside Sports Trust. A preliminary hearing was originally listed for 28 February 2025 to consider whether the claimant had sufficient continuous service, but the claimant did not attend. The hearing was adjourned and relisted for 23 June 2025, then postponed again and relisted for 27 August 2025. The claimant failed to attend the final hearing and had not engaged with the respondent throughout the proceedings.
Decision
Employment Judge Benson struck out the unfair dismissal claim under Rule 38(1)(d) on the basis that the claim had not been actively pursued. The claimant had failed to attend two hearings and had not engaged with the Tribunal or the respondent, demonstrating a lack of intention to pursue the claim.
Practical note
Claimants who fail to attend multiple hearings and engage with tribunal proceedings risk having their claims struck out for non-pursuit, even before the merits are considered.
Legal authorities cited
Statutes
Case details
- Case number
- 6009673/2024
- Decision date
- 27 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No