Cases3305980/2023

Claimant v British Airways plc

28 February 2025Before Employment Judge Grahame AndersonReadingremote video

Outcome

Other

Facts

The respondent applied to strike out the claimant's case on grounds of unreasonable conduct, including inappropriate emails to the respondent's solicitors, contacting the respondent directly, refusal to engage with the respondent's solicitors, breaches of tribunal orders, and threatening to call 50 witnesses. The claimant was self-represented and had failed to agree a trial bundle. A seven-day full merits hearing was scheduled for May 2025.

Decision

The tribunal refused the strike-out application. While the judge found that the claimant had behaved unreasonably through inappropriate correspondence and breaches of orders, a fair trial remained possible if the claimant complied with new orders. The judge warned the claimant that any future non-compliance could result in strike-out and emphasised the need to cooperate appropriately with the respondent's solicitors.

Practical note

Strike-out remains a remedy of last resort even where a litigant in person has behaved unreasonably and breached orders, provided a fair trial is still possible and the claimant commits to future compliance.

Legal authorities cited

Blockbuster Entertainment Limited v James [2006] IRLR 630

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38(1)(b)

Case details

Case number
3305980/2023
Decision date
28 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No