Claimant v Double Check Security Group Limited

Outcome

Facts

The claimant filed his claim on 19 February 2024. Following a case management hearing on 12 August 2024 before Employment Judge Brewer, orders were made for disclosure and preparation for a preliminary hearing on 17 January 2025 regarding a deposit order. The claimant failed to comply with tribunal orders, did not respond to correspondence from the tribunal or respondent after 30 August 2024, and did not attend the hearing on 17 January 2025. Employment Judge Park issued a strike-out warning. The claimant claimed he was emotionally unable to attend but provided no supporting evidence and no prior notification.

Decision

Employment Judge Brewer struck out the claimant's claims under Rule 38(1)(c) and (d) for deliberate non-compliance with tribunal orders and failure to actively pursue the claim. The judge rejected the claimant's explanation of emotional distress as a spurious ex post facto justification, noting the complete absence of supporting evidence or prior notification. The judge also awarded costs of £1,008 against the claimant for unreasonable conduct in failing to attend the January hearing.

Practical note

Legal authorities cited