Outcome
Individual claims
The claimant ticked the box for marriage and civil partnership discrimination but pleaded no facts to support such a claim. At hearing he was unable to articulate any claim falling within that concept. After a strike-out warning, he failed to respond or provide any facts supporting such a claim. Struck out for no reasonable prospects of success and non-pursuit.
Facts
The claimant ticked the box for marriage and civil partnership discrimination on his claim form but pleaded no supporting facts. At a hearing on 31 October 2024, he was unable to explain why he ticked the box or articulate any such claim. Employment Judge Macdonald issued a strike-out warning on 12 November 2024, giving the claimant until 26 November 2024 to respond. The claimant failed to respond by the deadline and his later correspondence on 8 December 2024 still did not articulate any marriage/civil partnership discrimination claim.
Decision
The tribunal struck out the marriage and civil partnership discrimination claim under Rule 38(1)(a) for having no reasonable prospects of success and/or under Rule 38(1)(d) for the claimant's failure to actively pursue it. The claimant's remaining claims continue and are listed for hearing on 14-17 July 2025.
Practical note
Claimants must plead facts supporting every claim they tick on the ET1 form, and respond promptly to strike-out warnings or risk losing claims they cannot substantiate or actively pursue.
Legal authorities cited
Statutes
Case details
- Case number
- 3315083/2023
- Decision date
- 9 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- No
Claimant representation
- Represented
- No