Claimant v DND Group Limited (in creditors' voluntary liquidation)
Outcome
Individual claims
Struck out due to claimant's failure to attend the hearing, non-compliance with case management directions, lack of qualifying service, and failure to actively pursue the claim.
Struck out for lack of qualifying service. The claim had no prospect of success as the claimant did not have sufficient length of service to bring a statutory redundancy payment claim.
Struck out as the claim relating to provision of accommodation is excluded by articles 3(b) and 5(b) of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994.
Struck out due to claimant's failure to attend the hearing, non-compliance with case management directions, and failure to provide any evidence or witness statements.
Struck out due to claimant's failure to attend the hearing, non-compliance with case management directions, and failure to provide any evidence or witness statements.
Struck out as claimant failed to establish the factual basis for the claim, provided no evidence in advance of the hearing, and failed to attend to prosecute the case.
Facts
The claimant brought multiple claims including unfair dismissal, redundancy pay, breach of contract, wage deductions, holiday pay and discrimination against a respondent company that entered creditors' voluntary liquidation on 25 January 2025. The claimant failed to comply with case management directions, did not provide documents or witness statements, and was warned by Employment Judge Bright on 13 May 2025 that the claim was liable to be struck out for non-compliance and failure to actively pursue. The claimant sought a postponement on 12 June 2025 claiming he was unwell and citing the respondent's insolvency, which was refused. The claimant failed to attend the final hearing scheduled for 16 June 2025, providing an incorrect telephone number.
Decision
Employment Judge Lancaster dismissed the entire claim due to the claimant's failure to attend the hearing. Several claims had no legal merit: the unfair dismissal and redundancy claims failed due to lack of qualifying service, and the breach of contract claim regarding accommodation was excluded by jurisdiction rules. The remaining claims for wages, holiday pay and discrimination were struck out as the claimant provided no evidence and failed to prosecute his case.
Practical note
Unrepresented claimants must comply with case management orders and attend hearings or risk dismissal, and several statutory claims require minimum qualifying service periods which must be established before proceeding.
Legal authorities cited
Statutes
Case details
- Case number
- 6003783/2024
- Decision date
- 16 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No