Cases8001606/2024

Claimant v Keane Premier Support Services Ltd

14 April 2025Before Employment Judge L MurphyScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Struck out for non-pursuit under rule 38(1)(d) after claimant failed to respond to multiple tribunal orders and correspondence between 11 February and 7 April 2025, including a final strike-out warning.

Facts

The claimant brought a claim against Keane Premier Support Services Ltd but failed to comply with tribunal orders. Despite multiple letters from the tribunal between 11 February and 13 March 2025 requesting a schedule of loss and responses to correspondence, the claimant never replied. The respondent applied for strike out and expenses on 19 February 2025. A final strike-out warning was issued on 24 March 2025 with a deadline of 7 April 2025, but the claimant still did not respond.

Decision

The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that it had not been actively pursued. The claimant was given multiple opportunities to engage with the process, including a final strike-out warning, but failed to respond to any tribunal correspondence over a two-month period.

Practical note

Claimants must actively pursue their claims and respond to tribunal correspondence; failure to engage despite multiple warnings and a strike-out notice will result in the claim being dismissed for non-pursuit.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
8001606/2024
Decision date
14 April 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
professional services
Represented
Yes

Claimant representation

Represented
No