Claimant v Bidvest Noonan (UK) Limited
Outcome
Individual claims
The claim was struck out under Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for not being actively pursued. The claimant failed to attend the preliminary hearing, did not respond to tribunal communications, and did not comply with a court order requiring him to confirm by 27 February 2025 that he was pursuing his claim.
Facts
The claimant Mr DC Borthwick brought a claim against Bidvest Noonan (UK) Ltd. He failed to attend the preliminary hearing on 13 February 2025, and the tribunal was unable to contact him by phone or email. The respondent's representative confirmed that no contact had been received from the claimant since the claim was lodged. The tribunal issued an order requiring the claimant to confirm by 27 February 2025 that he was pursuing the claim, but no reply was received.
Decision
The tribunal struck out the claim in its entirety under Rule 38(1)(d) for not being actively pursued. The judge found that the claimant had abandoned his claim, that there was no indication he would actively pursue it in future, and that the ongoing prejudice to the respondent was considerable. The final hearing listed for July 2025 was vacated.
Practical note
Self-represented claimants who fail to respond to tribunal orders and maintain contact risk having their claims struck out for non-pursuit, even before a full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2225459/2024
- Decision date
- 28 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No