Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claim was struck out for non-pursuit after the claimant failed to make representations in writing or request a hearing following the tribunal's letter of 22 July 2024 giving the claimant an opportunity to explain why the claim should not be struck out.
Facts
Ms M P Simpson brought a claim against Marks and Spencer Plc in 2022. On 22 July 2024, the tribunal wrote to the claimant giving her an opportunity to make representations or request a hearing as to why her claim should not be struck out for non-pursuit. The claimant failed to respond to this letter.
Decision
Employment Judge Wright struck out the claim on the basis that it had not been actively pursued. The claimant had been given an opportunity to explain why the claim should not be struck out but failed to make any representations in writing.
Practical note
Claimants must actively engage with the tribunal and respond to correspondence, or risk having their claim struck out for non-pursuit even without a hearing.
Case details
- Case number
- 2301238/2022
- Decision date
- 25 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No