Claimant v Ballycommon Services Limited
Outcome
Individual claims
The claim was struck out under Employment Tribunal Rule 38(1)(d) because the claimant failed to attend the preliminary hearing and had not actively pursued the claim for 3-4 months. The tribunal was unable to take the matter forward in the claimant's absence.
The claim was struck out under Employment Tribunal Rule 38(1)(d) for non-pursuit. The claimant did not attend the hearing and had not provided the required particulars of the wages allegedly owed despite being ordered to do so.
Facts
The claimant was engaged by the respondent for only six days and brought claims for disability discrimination and unlawful deduction of wages in September 2024. The claim form did not disclose clear discrimination claims nor specify what wages were owed. The claimant was ordered to provide particulars and requested to tell a judge orally rather than in writing due to his disability, which was granted. A preliminary hearing was listed in November 2024.
Decision
The tribunal struck out all claims under Rule 38(1)(d) for non-pursuit because the claimant did not attend the hearing on 17 July 2025 and nothing had been heard from him for 3-4 months. The judge provided the claimant with guidance on applying for reconsideration within 14 days if he wished to reinstate his claim.
Practical note
Even where a tribunal has made adjustments for a disabled claimant, failure to attend a hearing and pursue claims for several months can result in strike-out for non-pursuit under Rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 1402362/2024
- Decision date
- 17 July 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No