Claimant v St Philips Care Caledonia Limited
Outcome
Individual claims
The claim was struck out under rule 38(1)(d) for not being actively pursued. The claimant failed to provide written reasons by the deadline or request a hearing after being given an opportunity to explain why the claim should not be struck out.
Facts
The claimant brought a claim against St Philips Care Caledonia Limited but failed to actively pursue it. The tribunal gave the claimant an opportunity to provide written reasons by 13 June 2025 or request a hearing to explain why the claim should not be struck out. The claimant failed to respond or comply with this direction.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim had not been actively pursued. The claimant had been given a fair opportunity to explain why this should not happen but failed to provide acceptable reasons or request a hearing.
Practical note
Claimants must actively engage with tribunal directions and deadlines, or risk having their claims struck out for non-pursuit even before a substantive hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 8001715/2024
- Decision date
- 24 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No