Claimant v Argyll Hospitality Management (and Group) Ltd
Outcome
Individual claims
Struck out for non-pursuit under rule 38(1)(d) after claimant failed to attend the final hearing on 2 June 2025 without explanation or postponement request, and failed to provide reasons or request a hearing when given the opportunity by 19 June 2025.
Facts
Mr G Smith brought a claim against his former employer Argyll Hospitality Management (and Group) Ltd. The case was listed for a final hearing on 2 and 3 June 2025. The claimant failed to attend the hearing on 2 June 2025 without prior notice or postponement request, and the tribunal was unable to contact him by telephone.
Decision
The tribunal struck out the claim under rule 38(1)(d) for non-pursuit. After the claimant failed to attend, the tribunal gave him until 19 June 2025 to provide written reasons or request a hearing to explain why the claim should not be struck out. The claimant failed to respond, and the tribunal concluded the claim had not been actively pursued.
Practical note
Claimants must attend scheduled hearings or provide adequate explanation; failure to engage with the tribunal process, even after being given a further opportunity to explain, will result in strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000086/2024
- Decision date
- 7 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No