Cases8000829/2025

Claimant v Rio Sol Ltd

18 June 2025Before Employment Judge D HoeyScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) for non-pursuit. Claimant failed to respond to tribunal correspondence on 12 May 2025, 20 May 2025, and strike-out warning on 30 May 2025, and did not provide reasons why judgment should not be issued by deadline of 13 June 2025.

Facts

Ms Sharpe brought a claim against Rio Sol Ltd. The tribunal wrote to the claimant on 12 May 2025 and 20 May 2025 requesting further information but received no response. A strike-out warning letter was issued on 30 May 2025 giving a deadline of 13 June 2025 for response or reasons why the claim should not be struck out. The claimant failed to respond to any correspondence.

Decision

Employment Judge D Hoey struck out the claim under rule 38(1)(d) on the grounds that it had not been actively pursued. The claimant was given multiple opportunities to engage with the tribunal process but failed to respond to any correspondence or request a hearing.

Practical note

Claimants must actively engage with tribunal correspondence and deadlines or risk having their claims struck out for non-pursuit, even without a hearing.

Legal authorities cited

Statutes

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 Schedule 1 Rule 38Rule 38(1)(d)

Case details

Case number
8000829/2025
Decision date
18 June 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
Represented
No

Claimant representation

Represented
No