Claimant v London Borough of Brent
Outcome
Individual claims
The claim was struck out for non-compliance with tribunal orders and failure to actively pursue the claim. The claimant did not provide full disclosure, engage in preparing the trial bundle, or exchange witness statements despite repeated requests over more than a year.
The claim was struck out for non-compliance with tribunal orders and failure to actively pursue the claim. The claimant failed to comply with case management orders for disclosure, bundle preparation, and witness statement exchange.
The claim was struck out for non-compliance with tribunal orders and failure to actively pursue the claim. Despite repeated contact from the respondent between July 2024 and May 2025, the claimant did not engage with the litigation process.
Facts
The claimant presented claims of race discrimination, victimisation and breach of contract in April 2023. A preliminary hearing in September 2022 (likely an error in the judgment - should be 2023) set case management orders for disclosure, bundle preparation and witness statement exchange to be completed by January 2024, with a seven-day final hearing listed for June 2025. Despite repeated requests from the respondent between July 2024 and May 2025, the claimant failed to comply with the orders and did not engage with trial preparation. The respondent applied to strike out the claim in May 2025.
Decision
Regional Employment Judge Foxwell struck out all claims under Rules 38(1)(c) and (d) for non-compliance with tribunal orders and failure to actively pursue the claim. The claimant did not attend the strike-out hearing and showed no evidence of engagement over more than a year. The judge found postponement disproportionate given the history of non-engagement, lack of evidence the claimant would comply if given more time, and prejudice to the respondent.
Practical note
A litigant in person who fails to comply with case management orders and does not engage with litigation preparation for over a year, despite repeated warnings, risks having their entire claim struck out even close to a final hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 3303870/2023
- Decision date
- 3 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- London Borough of Brent
- Sector
- local government
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No