Claimant v Bilfinger UK Limited
Outcome
Individual claims
Struck out under Rule 38 on the grounds that it was scandalous, vexatious and had no reasonable prospect of success. Claimant was given opportunity to provide written reasons or request a hearing by 31 January 2025 but failed to give acceptable reasons or request a hearing.
Facts
The claimant G Elrick brought a disability discrimination claim against Bilfinger UK Limited. On 10 January 2025, the tribunal gave the claimant an opportunity to provide written reasons by 31 January 2025 or to request a hearing to show why the claim should not be struck out. The claimant failed to respond adequately or request a hearing.
Decision
The tribunal struck out the disability discrimination claim under Rule 38 on the grounds that it was scandalous, vexatious and had no reasonable prospect of success. The claimant's failure to engage with the tribunal's warning or provide acceptable reasons led to the strike-out.
Practical note
Claimants must respond to tribunal unless orders and engage with the process or risk having their claims struck out for non-pursuit, even where the substantive grounds may include that the claim is scandalous or vexatious.
Case details
- Case number
- 8001777/2024
- Decision date
- 9 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No