Claimant v Community Homes of Intensive Care and Education Ltd
Outcome
Individual claims
The claim was struck out because the claimant failed to comply with a tribunal order dated 30 July 2024, did not actively pursue the claim, and failed to respond to the tribunal's letter of 31 December 2024 offering an opportunity to make representations or request a hearing.
Facts
The claimant R brought a claim against Community Homes of Intensive Care and Education Ltd. The tribunal issued an order on 30 July 2024 which the claimant failed to comply with. The tribunal sent a letter dated 31 December 2024 giving the claimant an opportunity to make representations or request a hearing as to why the claim should not be struck out for non-compliance with the order and for not actively pursuing the claim. The claimant failed to respond or make any sufficient representations.
Decision
Employment Judge Anstis struck out the claim on 25 February 2025 on the basis that the claimant had failed to comply with tribunal orders, had not actively pursued the claim, and had failed to respond to the tribunal's warning letter offering an opportunity to make representations.
Practical note
Claimants must comply with tribunal orders and actively engage with proceedings, or risk having their claims struck out for non-pursuit even when given a final opportunity to explain non-compliance.
Case details
- Case number
- 3308954/2023
- Decision date
- 25 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No