Cases→6002717/2023

Claimant v Gwella Contracting Services Limited

6 August 2025Before Employment Judge Selfon papers

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalstruck out

Claim struck out for non-compliance with case management orders and failure to actively pursue the case. Claimant did not respond to strike-out warning by EJ Pirani dated 20 June 2025 by the deadline set, and failed to provide an acceptable reason for non-compliance despite being given the opportunity.

Whistleblowingstruck out

Complaint brought under section 103A Employment Rights Act 1996 (whistleblowing dismissal) struck out for non-compliance with case management orders and failure to actively pursue the case. Claimant did not respond to strike-out warning or contact the Tribunal.

Breach of Contractstruck out

Breach of contract claim struck out for non-compliance with case management orders and failure to actively pursue the case. Claimant failed to respond to strike-out warning made on 20 June 2025 and did not provide acceptable reasons for non-compliance.

Facts

The Claimant brought claims for automatic unfair dismissal under section 103A ERA 1996 (whistleblowing) and breach of contract as set out in a February Case Management Order. The Claimant failed to comply with case management orders and did not respond to a strike-out warning issued by EJ Pirani on 20 June 2025. Despite being warned that failure to comply could result in strike-out and being given an opportunity to provide reasons, the Claimant neither contacted the Tribunal nor complied with directions. The Respondent had also brought a counterclaim.

Decision

Employment Judge Self struck out all of the Claimant's claims on the basis that the Claimant was not actively pursuing his case and had not complied with case management orders. The Claimant failed to provide an acceptable reason for non-compliance despite being given the opportunity. The Respondent's counterclaim was unaffected by the strike-out.

Practical note

Failure to comply with case management orders and respond to strike-out warnings will result in claims being struck out for non-pursuit, even in whistleblowing cases.

Legal authorities cited

Statutes

ERA 1996 s.103A

Case details

Case number
6002717/2023
Decision date
6 August 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
Gwella Contracting Services Limited
Sector
construction
Represented
No

Claimant representation

Represented
No
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