Claimant v Fusion Lifestyle
Outcome
Individual claims
Claims struck out for non-compliance with tribunal order dated 2 June 2025 requiring provision of claim details by 16 June 2025, and for failure to pursue the claim. Claimant failed to attend the preliminary hearing, failed to provide particularisation of claims, and failed to communicate with respondents or tribunal.
Facts
The claimant Mr Simon Gill brought claims against four respondents but failed to provide sufficient particulars of his claims despite a tribunal order dated 2 June 2025 requiring him to do so by 16 June 2025. He did not comply with the order, did not communicate with the respondents or tribunal regarding case management, and did not attend the preliminary hearing on 22 August 2025 despite having been notified. The claimant was apparently working at the Broadwater Farm Community Centre on the day of the hearing and stated he was unaware of it.
Decision
The tribunal struck out the entire claim under rule 38 on the grounds that the claimant failed to comply with the tribunal order to provide particulars of his claims and failed to pursue his claim. The tribunal noted the claimant had notice of the hearing since 2 June 2025, had not particularised his claims, had not cooperated with case management, and had not attended the hearing or provided any explanation.
Practical note
A claimant who fails to comply with tribunal orders to provide claim particulars and who fails to attend a preliminary hearing without explanation will have their claim struck out for non-compliance and failure to pursue.
Legal authorities cited
Statutes
Case details
- Case number
- 3308999/2024
- Decision date
- 22 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Fusion Lifestyle
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No