Cases→1302651/2023

Claimant v Likewise Floors Limited

11 February 2025Before Employment Judge Isabel ManleyBirminghamremote telephone

Outcome

Claimant fails

Individual claims

Breach of Contractstruck out

The claim for notice pay was struck out under Employment Tribunal Rule 38(1)(d) because the claimant failed to attend the hearing and had not actively pursued the claim. The tribunal proceeded in the claimant's absence after making enquiries and considering the claimant's lack of engagement with the claim.

Holiday Paystruck out

The claim for holiday pay was struck out under Employment Tribunal Rule 38(1)(d) because the claimant failed to attend the hearing and had not actively pursued the claim. The tribunal proceeded in the claimant's absence after making enquiries and considering the claimant's lack of engagement with the claim.

Unlawful Deduction from Wagesstruck out

The claim for arrears of pay was struck out under Employment Tribunal Rule 38(1)(d) because the claimant failed to attend the hearing and had not actively pursued the claim. The tribunal proceeded in the claimant's absence after making enquiries and considering the claimant's lack of engagement with the claim.

Facts

The claimant brought claims for notice pay, holiday pay and arrears of pay against his former employer, a flooring company. The claimant failed to attend the final hearing scheduled for 11 February 2025. The tribunal made enquiries regarding the claimant's absence and considered his overall engagement with the claim to date before deciding to proceed without him.

Decision

The tribunal struck out all three remaining claims under Rule 38(1)(d) of the Employment Tribunal Rules of Procedure 2024 on the basis that the claimant had not actively pursued his claims. The tribunal exercised its power under Rule 47 to proceed in the claimant's absence, having made appropriate enquiries and considered his lack of engagement.

Practical note

Employment tribunals will strike out claims for non-pursuit where a claimant fails to attend the final hearing without explanation, particularly where there has been limited engagement with the claim throughout the proceedings.

Legal authorities cited

Statutes

Employment Tribunal Rules of Procedure 2024 Rule 47Employment Tribunal Rules of Procedure 2024 Rule 38(1)(d)

Case details

Case number
1302651/2023
Decision date
11 February 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Name
Likewise Floors Limited
Sector
construction
Represented
Yes
Rep type
in house

Claimant representation

Represented
No
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