Claimant v HCRG Care Limited
Outcome
Individual claims
The claimant failed to comply with the Tribunal Order dated 6 January 2025. Following the tribunal's letter of 10 April 2025 giving an opportunity to make representations or request a hearing, the claimant failed to make sufficient representations or request a hearing, resulting in the claim being struck out for non-compliance.
Facts
Ms Mercier brought a whistleblowing detriment claim against HCRG Care Limited under section 43B ERA 1996. The tribunal made an Order on 6 January 2025 which the claimant failed to comply with. The tribunal gave the claimant a final opportunity on 10 April 2025 to explain the non-compliance or request a hearing, but she failed to respond adequately.
Decision
The tribunal struck out the whistleblowing detriment claim due to the claimant's failure to comply with a previous tribunal order and failure to respond to the tribunal's letter giving her a final opportunity to make representations. Other claims brought by the claimant remain listed for hearing in March 2026.
Practical note
Failure to comply with tribunal orders and failure to respond to Unless Orders can result in claims being struck out, even when other claims in the same case continue to progress.
Legal authorities cited
Statutes
Case details
- Case number
- 2301654/2024
- Decision date
- 1 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No