Claimant v New Gorbals Housing Association Limited
Outcome
Individual claims
Dismissed on 11 February 2025 for lack of requisite two years' service after claimant failed to make written representations by the deadline set by the tribunal.
Dismissed on 11 February 2025 for lack of requisite two years' service after claimant failed to make written representations by the deadline set by the tribunal.
Claimant confirmed on 3 March 2025 that he accepted that no holiday pay was due and the claim was withdrawn.
Struck out under rule 38(1)(d) for failure to actively pursue. Despite twelve opportunities to provide specification of the arrears claimed, claimant failed to engage with tribunal orders, failed to provide a schedule of loss, and failed to attend the final hearing.
Notice pay claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant repeatedly failed to comply with case management orders requiring specification of sums claimed and failed to attend the final hearing on 13 June 2025.
Facts
The claimant filed claims for unfair dismissal, redundancy pay, notice pay, holiday pay and arrears of pay in December 2024. The unfair dismissal and redundancy claims were dismissed in February 2025 for lack of two years' service. Despite twelve opportunities and repeated case management orders from January to May 2025, the claimant failed to provide specification of his remaining claims for notice pay and arrears of wages. The claimant did not attend the final hearing on 13 June 2025, initially stating he had forgotten about it, then that he was outside without internet access, and finally expressed disinterest in proceeding.
Decision
The tribunal struck out the remaining claims under rule 38(1)(d) for failure to actively pursue. The claimant had been given extensive opportunities to comply with orders, failed to engage with the tribunal after 20 April 2025, did not provide required documents or a schedule of loss, and failed to attend the final hearing. The judge exercised discretion to strike out considering the procedural history, the prejudice to the respondent who had prepared twice for a final hearing, and the claimant's apparent unwillingness to proceed.
Practical note
Repeated failure to comply with case management orders and non-attendance at a final hearing will result in strike-out even where the tribunal has previously declined to impose an unless order and given multiple opportunities to engage.
Legal authorities cited
Statutes
Case details
- Case number
- 8002200/2024
- Decision date
- 16 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No