Claimant v J & K Global Foods Limited
Outcome
Individual claims
The claim was struck out under Rule 38(1)(d) for not being actively pursued, as the claimant failed to appear at the hearing. Additionally, it was struck out under Rule 38(1)(c) for non-compliance with previous tribunal orders.
Facts
Daniel Barnes brought a claim against J & K Global Foods Limited. He failed to appear at the hearing scheduled for 13 February 2024, which was conducted remotely. The claimant had also failed to comply with previous tribunal orders.
Decision
Employment Judge Gardiner struck out the claim under Rule 38(1)(d) for not being actively pursued, given the claimant's non-attendance, and under Rule 38(1)(c) for non-compliance with previous tribunal orders. The claim was dismissed entirely.
Practical note
Failure to attend a tribunal hearing and comply with tribunal orders will result in strike out, even where the respondent is represented and the claimant appears unrepresented.
Legal authorities cited
Statutes
Case details
- Case number
- 6005238/2024
- Decision date
- 13 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No