Cases→6004234/2024

Claimant v Wincanton Group Limited

1 April 2025Before Employment Judge FearonManchester

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under Employment Tribunal Rule 38(1)(d) because the claimant failed to attend the hearing and did not actively pursue the claim.

Facts

Mr N Chaudhary brought a claim against three Wincanton entities. The case was listed for a preliminary hearing on 1 April 2025. The claimant failed to attend the hearing and was not represented. The respondent was represented by counsel, Ms Zielinska.

Decision

Employment Judge Fearon struck out the claimant's claim under Rule 38(1)(d) of the Employment Tribunal Rules because the claim had not been actively pursued by the claimant, evidenced by his non-attendance at the hearing.

Practical note

A claim will be struck out for non-pursuit where a claimant fails to attend a scheduled hearing without explanation or engagement with the tribunal.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure Rule 38(1)(d)

Case details

Case number
6004234/2024
Decision date
1 April 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Name
Wincanton Group Limited
Sector
logistics
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No
Search for this judgment on GOV.UK →