Claimant v Fisher Day Limited
Outcome
Individual claims
The claim was struck out for non-pursuit under rule 38(1)(d) after the claimant failed to respond to three separate letters from the Tribunal requesting an update on settlement negotiations and giving an opportunity to explain why the claim should not be struck out.
Facts
The claimant brought proceedings against Fisher Day Limited. The claim was stayed pending settlement negotiations. The Tribunal wrote to the claimant three times between 3 July and 23 July 2025 requesting updates and giving an opportunity to explain why the claim should not be struck out. The claimant failed to respond to any of these communications.
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, following the claimant's complete failure to engage with the Tribunal's correspondence.
Practical note
Claimants must respond to Tribunal correspondence even during settlement negotiations, as failure to do so can result in strike out for non-pursuit under rule 38(1)(d).
Legal authorities cited
Statutes
Case details
- Case number
- 8000294/2025
- Decision date
- 11 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No