Cases1308779/2023

Claimant v City Plumbing Supplies Holdings Ltd

21 May 2025Before Employment Judge CoddMidlands Westremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

Struck out under Rule 38(1)(c) for non-compliance with Tribunal Rules or orders, and under Rule 38(1)(e) because it was no longer possible to have a fair hearing in respect of the claim.

Facts

Mr Dawson brought a constructive unfair dismissal claim against his former employer City Plumbing Supplies Holdings Limited. The claim was heard by remote video hearing in Birmingham. The claimant represented himself while the respondent was represented by Freeths LLP solicitors.

Decision

The tribunal struck out the constructive dismissal claim under Rule 38(1)(c) for non-compliance with Tribunal Rules or orders, and under Rule 38(1)(e) because it was no longer possible to have a fair hearing. The claim was dismissed entirely.

Practical note

A claimant who fails to comply with tribunal rules or orders risks having their entire claim struck out, particularly where non-compliance makes a fair hearing impossible.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 Rule 38(1)(c)Employment Tribunal Rules of Procedure 2024 Rule 38(1)(e)

Case details

Case number
1308779/2023
Decision date
21 May 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No