Claimant v GXO Logistics UK Limited
Outcome
Individual claims
Claim struck out for non-compliance with tribunal rules and orders and for not being actively pursued. Claimant failed to comply with case management orders due by 28 February 2025 and did not attend the hearing.
Claim struck out for non-compliance and failure to pursue. Claimant ticked the whistleblowing box on the ET1 form but provided no particulars of the claim and failed to respond to tribunal directions requiring further explanation.
Facts
Mr Borsellino was employed as a warehouse operative and forklift truck driver by GXO Logistics UK Ltd from August 2013 until dismissal for misconduct on 2 April 2024. He filed claims for unfair dismissal and whistleblowing in September 2024. The tribunal issued case management orders requiring compliance by 28 February 2025, which the claimant did not comply with. He also failed to attend the preliminary hearing listed to determine jurisdiction and time limit issues.
Decision
The tribunal struck out the claim under Rule 38(1)(c) and (d) because the claimant failed to comply with case management orders and did not actively pursue the claim. The judge found the claimant had been given sufficient opportunities to explain his case and had failed to do so, noting no confidence that an unless order would be complied with.
Practical note
Even unrepresented claimants must comply with tribunal orders and actively pursue their claims; failure to do so will result in strike out, particularly where there is no explanation for non-compliance and non-attendance at hearings.
Legal authorities cited
Statutes
Case details
- Case number
- 3310752/2024
- Decision date
- 24 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- warehouse operative and forklift truck driver
- Service
- 11 years
Claimant representation
- Represented
- No