Claimant v Giorgio's Restaurants Limited (In Creditors voluntary liquidation)
Outcome
Individual claims
The claim was struck out under Employment Tribunal Rule 38(1)(d) for failure to actively pursue. The claimant failed to respond to three tribunal directions dated 13 March 2025, 21 March 2025, and 13 May 2025 asking about receipt of RPS payments and whether the claim was still being pursued. The tribunal asked whether claims had been satisfied by the Redundancy Payments Service and the claimant made no response, leading to strike out for non-pursuit.
Facts
The claimant brought a claim against his former employer, Giorgio's Restaurants Limited (in liquidation), and the Secretary of State. The tribunal wrote to the claimant on 13 March 2025 asking him to confirm whether he had received payments from the Redundancy Payments Service and whether he was still pursuing his claims. A reminder was sent on 21 March 2025. When there was no response, a strike out warning was issued on 13 May 2025 giving the claimant until 20 May 2025 to object. The claimant failed to respond to any of these directions.
Decision
Employment Judge Woodhead struck out the claim under Rule 38(1)(d) on the papers because the claimant failed to comply with tribunal directions and was not actively pursuing the claim. The claimant was given multiple opportunities to respond and explain his position but failed to do so, leading to the strike out.
Practical note
Claimants must respond to tribunal directions, particularly when asked about receipt of payments from the Redundancy Payments Service, or risk having their claims struck out for non-pursuit even without a hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6019319/2024
- Decision date
- 9 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No