Claimant v Cascade (Charlton House) Ltd
Outcome
Individual claims
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders to provide further information, failure to actively pursue the claim, and lack of reasonable prospect of success following non-compliance.
Claim for financial compensation for being required to work alone at nights at a care home struck out under rule 38(1)(b) and/or (c) and/or (d) for failure to comply with tribunal orders and failure to actively pursue the claim.
Facts
The claimant, Mrs Humphries, brought multiple claims including constructive dismissal, direct discrimination on grounds of sex, race, sexual orientation and religion or belief, harassment, whistleblowing detriment, and a claim for financial compensation for working alone at nights at a care home operated by the respondent. She was ordered to provide further information by 20 January 2025 but failed to comply. Despite being given opportunities to respond on 30 January 2025 and 1 May 2025, she indicated no intention to comply with tribunal orders or pursue her claims.
Decision
The tribunal struck out all of the claimant's claims under rule 38(1)(b), (c) and/or (d) of the Employment Tribunal Procedure Rules 2024 on the basis that she had failed to comply with orders, failed to actively pursue her claims, and demonstrated no intention to progress her case despite multiple opportunities to do so.
Practical note
Unrepresented claimants who fail to comply with case management orders and refuse to engage with the tribunal process risk having their claims struck out, regardless of the potential merits.
Legal authorities cited
Statutes
Case details
- Case number
- 3313001/2023
- Decision date
- 29 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- care home worker
Claimant representation
- Represented
- No