Cases6008442/2024

Claimant v Lookers Motor Group Limited (t/a Jaguar Land Rover West London)

25 March 2025Before Employment Judge EmeryLondon Centralremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Claim struck out because the tribunal has no jurisdiction - the claimant was not employed by the respondent for two years, which is the minimum qualifying period for ordinary unfair dismissal. Additionally struck out for non-compliance with tribunal orders and non-pursuit.

Facts

The claimant brought two claims against Lookers Motor Group Limited. The claimant failed to appear at a preliminary hearing and had not responded to any correspondence from the respondent's representatives or the tribunal. The claimant had not complied with tribunal orders. The unfair dismissal claim was also jurisdictionally barred as the claimant had less than two years' service.

Decision

The tribunal struck out both claims under Rules 38(1)(c) and (d) for non-compliance with orders and failure to actively pursue the claims. The unfair dismissal claim was additionally struck out on jurisdictional grounds due to insufficient length of service.

Practical note

A claimant who fails to engage with the tribunal process and does not respond to correspondence or comply with orders risks having their claims struck out for non-pursuit, regardless of the underlying merits.

Legal authorities cited

Statutes

Employment Tribunal Rules 38(1)(c)Employment Tribunal Rules 38(1)(d)

Case details

Case number
6008442/2024
Decision date
25 March 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No