Outcome
Individual claims
The claim was struck out under Rule 38(1)(c) for non-compliance with tribunal orders. The claimant failed to comply with the order made on 30 January 2024 and the revised timetable agreed and approved on 20 December 2024. The reconsideration application was refused as there was no reasonable prospect of varying or revoking the strike-out decision.
Facts
The claimant's underlying claim was struck out on 11 March 2025 for failure to comply with tribunal orders dating from 30 January 2024 and a revised timetable approved on 20 December 2024. The claimant applied for reconsideration on 15 April 2025, which was out of time. The claimant cited mental health issues and claimed his laptop was broken, preventing attendance at the hearing. However, the tribunal noted the laptop was sent for repair only on 14 April 2025, well after the hearing, and the claimant had been able to correspond by email throughout March and April 2025.
Decision
The tribunal refused the reconsideration application on the basis there was no reasonable prospect of the original strike-out decision being varied or revoked. The application was also out of time. The claimant's mental health had already been considered at the original hearing and his explanation for non-attendance was not credible given his ability to correspond by email.
Practical note
Tribunals will strictly enforce compliance with case management orders and reconsideration applications based on previously considered arguments or implausible explanations for non-compliance will be rejected on preliminary consideration.
Legal authorities cited
Statutes
Case details
- Case number
- 2407704/2023
- Decision date
- 11 March 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No