Claimant v Walon Limited t/a BCA Automotive
Outcome
Individual claims
Claim struck out under Employment Tribunal Rules 38(1)(c) and (d) because the Claimant was in breach of Tribunal Orders and did not actively pursue the case. Claimant failed to respond to strike out warning issued on 14 April 2025.
Facts
The Claimant brought a claim against Walon Limited t/a BCA Automotive. Employment Judge Fredericks-Bowyer issued a strike out warning on 14 April 2025. The Claimant failed to respond to this warning, did not comply with Tribunal Orders, and did not actively pursue the case. A final hearing had been listed for 12-13 November 2025.
Decision
Employment Judge Burge struck out the claim under Employment Tribunal Rules 38(1)(c) and (d) for breach of Tribunal Orders and failure to actively pursue the claim. The Claimant's failure to respond to the strike out warning and ongoing non-compliance meant it was in accordance with the overriding objective to strike out the claim.
Practical note
Unrepresented claimants must respond to tribunal orders and strike out warnings to avoid having their claims struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 6017983/2024
- Decision date
- 19 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No