Claimant v The Co-operative Group
Outcome
Individual claims
Claim struck out under rule 38(1)(c) and (d) for failure to actively pursue the claim and breach of case management orders. Claimant failed to provide schedule of loss, disclosure, or witness statements and had no contact with respondent or tribunal since October 2024.
Claim struck out under rule 38(1)(c) and (d) for failure to actively pursue the claim and breach of case management orders. The claim related to alleged suspension by warehouse shift manager following clocking offence.
Claim struck out under rule 38(1)(c) and (d) for failure to actively pursue the claim and breach of case management orders. Claimant alleged harassment arising from suspension which he claimed harmed his reputation and marriage.
Detriment claim under s.146 Trade Union and Labour Relations (Consolidation) Act relating to trade union activities was struck out under rule 38(1)(c) and (d) for failure to actively pursue the claim and breach of case management orders.
Facts
The claimant, a warehouse employee for The Co-operative Group, brought claims of race discrimination and trade union detriment relating to his suspension by a warehouse shift manager following an alleged clocking offence, which he claimed harmed his reputation and marriage. Following a case management hearing in October 2024 where directions were agreed by consent, the claimant completely disengaged from the litigation process, failing to comply with any case management orders or respond to correspondence from the respondent or tribunal.
Decision
The tribunal struck out all claims under rule 38(1)(c) and (d) for failure to actively pursue the claim and breach of case management orders. The claimant failed to provide a schedule of loss, disclosure, witness statements, or any cooperation in compiling a hearing bundle, and had no contact with the respondent or tribunal since October 2024 despite being copied on all correspondence. The tribunal concluded the claimant had consciously disengaged and it was not appropriate to devote further resources to the claim.
Practical note
Litigants in person who completely disengage from proceedings and fail to comply with any case management orders risk having their claims struck out, even where claims involve serious allegations of discrimination and detriment.
Legal authorities cited
Statutes
Case details
- Case number
- 1400547/2024
- Decision date
- 13 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- warehouse employee
Claimant representation
- Represented
- No