Cases2302656/2024

Claimant v Thames Clippers Ltd

23 June 2025Before Employment Judge AndrewsLondon Southon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out for non-compliance with case management order requiring claimant to explain non-attendance at hearing and provide evidence by 4 March 2025. Claimant failed to comply within the deadline or contact the tribunal within almost 2 months thereafter.

Facts

The claimant failed to attend a case management preliminary hearing on 18 February 2025 before Judge Leith. She was ordered to explain her non-attendance and provide evidence by 4 March 2025, with a warning that non-compliance would result in automatic strike-out. The claimant did not comply with the order and had no contact with the tribunal for almost 2 months. On 21 May 2025, the claim was dismissed. The claimant applied for reconsideration claiming the respondent failed to provide a personal email address which impeded her response.

Decision

Employment Judge Andrews refused the reconsideration application on the basis that there was no reasonable prospect of varying or revoking the dismissal. The claimant had the respondent's legal email address and could have complied with the order by emailing them or by contacting the tribunal directly if she felt unable to use that address. Material non-compliance with tribunal orders cannot be overlooked in the interests of justice.

Practical note

Litigants in person must comply with case management orders and cannot excuse non-compliance based on difficulties communicating with the other party when they have a valid email address or can contact the tribunal directly.

Legal authorities cited

Statutes

Employment Tribunal Rules 2024 rule 68Employment Tribunal Rules 2024 rule 70(2)

Case details

Case number
2302656/2024
Decision date
23 June 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
transport
Represented
Yes
Rep type
in house

Claimant representation

Represented
No