Cases2301380/2023

Claimant v Wincanton plc

27 March 2025Before Employment Judge Siddallon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38 of the Employment Tribunals Rules of Procedure 2024 for failure to actively pursue. Claimant failed to respond to tribunal letter dated 19 February 2025 warning of potential strike-out.

Facts

Mr Woods brought a claim against Wincanton plc in 2023. The tribunal sent a letter on 19 February 2025 warning the claimant that his claim could be struck out if he did not respond. The claimant failed to respond to this warning letter. A hearing had been scheduled for 25 April 2025.

Decision

The tribunal struck out the claim under rule 38 of the Employment Tribunals Rules of Procedure 2024 on the grounds that the claim had not been actively pursued. The scheduled hearing was cancelled.

Practical note

Claimants must respond to tribunal correspondence and actively pursue their claims or risk strike-out under rule 38 for non-pursuit.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2024 rule 38

Case details

Case number
2301380/2023
Decision date
27 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
logistics
Represented
No

Claimant representation

Represented
No