Cases8000529/2025

Claimant v Teriv Flooring Limited

15 August 2025Before Employment Judge Gordon WalkerScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-pursuit under rule 38(1)(d) after claimant failed to respond to multiple tribunal orders requesting details of financial loss and failed to respond to notice giving opportunity to show cause why claim should not be struck out.

Facts

The claimant brought a claim against Teriv Flooring Limited and the Secretary of State for Business & Trade. The Tribunal ordered the claimant to provide details of financial loss by 5 June 2025. Despite multiple reminders on 25 June, 4 July, and 16 July 2025, the claimant failed to respond. The Tribunal then gave the claimant until 8 August 2025 to show cause why the claim should not be struck out, but received no response.

Decision

The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued, after the claimant failed to comply with tribunal orders and failed to respond to multiple opportunities to engage with the proceedings.

Practical note

Claimants must respond to tribunal orders and correspondence or risk having their claims struck out for non-pursuit, even after multiple reminders and opportunities to show cause.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
8000529/2025
Decision date
15 August 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No