Claimant v John Lewis Plc
Outcome
Individual claims
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing. The claimant had not attended any of the four preliminary hearings since filing his claim in May 2022, provided no medical evidence addressing when he might participate, and had been persistently in default of tribunal orders.
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing. The claimant failed to attend hearings, failed to comply with tribunal orders, and provided no evidence of when he might be able to meaningfully engage in the proceedings.
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing. Despite suffering from severe anxiety, depression and cardiac problems, no medical evidence was provided giving any indication of when the claimant would be able to meaningfully engage in finalisation of issues, disclosure or the final hearing.
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing due to the claimant's persistent non-attendance and failure to comply with tribunal orders over a three-year period.
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing. The claimant had not engaged with the proceedings for almost three years and there was no evidence the situation would change in the reasonably foreseeable future.
Health and safety detriment claim struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing given the indefinite delay and persistent non-compliance with tribunal orders.
Struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing. The claimant had not meaningfully pursued his case and there was real and substantial prejudice to the respondents.
Unpaid wages claim struck out under Rule 38(1)(e) because the tribunal considered it was no longer possible to have a fair hearing due to the claimant's non-attendance at all four preliminary hearings and persistent default of tribunal orders.
Facts
The claimant was dismissed by John Lewis for unsatisfactory attendance on 2 December 2021 after three years of very low attendance at work (2019-2021). He filed his ET1 on 12 May 2022 claiming unfair dismissal, race and disability discrimination, breach of contract, whistleblowing/health and safety detriment, and claims for holiday pay and unpaid wages. Over the subsequent three years, he failed to attend any of four preliminary hearings, despite being represented by Mr Mustafa Ibrahim. The claimant suffered from severe anxiety, depression and cardiac problems but provided no medical evidence giving any prognosis as to when he might be able to participate in proceedings.
Decision
The tribunal struck out all claims under Rule 38(1)(e) on the basis that it was no longer possible to have a fair hearing. The claimant had not attended any preliminary hearing, had persistently failed to comply with tribunal orders (including orders to obtain specific medical evidence), and there was no indication he would be able to meaningfully engage in the foreseeable future. The tribunal refused the claimant's application for reconsideration, finding no reasonable prospect of the judgment being varied or revoked.
Practical note
A tribunal will strike out claims where a claimant's persistent non-attendance and failure to comply with orders over a three-year period makes a fair hearing impossible, even where the claimant suffers from serious health difficulties, if there is no medical prognosis indicating future ability to participate.
Legal authorities cited
Statutes
Case details
- Case number
- 3203189/2022
- Decision date
- 25 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- John Lewis Plc
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep