Claimant v Caber House Ltd
Outcome
Individual claims
Claim struck out under rule 38(1)(d) for failure to actively pursue. Claimant failed to respond to multiple tribunal orders and correspondence between December 2024 and February 2025 despite being given opportunities to explain and avoid strike-out.
Facts
The claimant wrote to the tribunal on 21 December 2024 seeking more time due to ill health. The tribunal responded on 31 December 2024 seeking clarification but received no reply. Despite further reminders on 8 January and 17 January 2025, and a final opportunity on 29 January 2025 to explain why the claim should not be struck out, the claimant failed to respond to any tribunal correspondence or comply with outstanding orders dated 18 November 2024.
Decision
The tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. The claimant was given multiple opportunities to engage with the tribunal process and explain his position but failed to respond to any correspondence.
Practical note
Claimants must actively engage with tribunal correspondence and orders even when facing ill health, or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8001262/2024
- Decision date
- 21 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Caber House Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No