Claimant v Louis Brown
Outcome
Individual claims
Struck out for non-pursuit. Claimant failed to comply with Case Management Order dated 25 April 2023 requiring her to confirm intention to proceed and provide details of unpaid wages claim by 2 May 2023. No communication received from claimant.
Struck out for non-pursuit. Claimant failed to comply with Case Management Order dated 25 April 2023 requiring her to confirm intention to proceed and provide details of holiday pay claim by 2 May 2023. No communication received from claimant.
Facts
The claimant brought claims for unpaid wages and holiday pay against an individual respondent. Employment Judge Braganza KC issued a Case Management Order on 25 April 2023 requiring the claimant to confirm by 2 May 2023 whether she intended to proceed and to provide specific details of her wage and holiday pay claims. The claimant failed to respond or comply with these directions.
Decision
Employment Judge Aspinall struck out the entire claim under Rule 38(1) of the Employment Tribunals Rules of Procedure 2024. The tribunal concluded the claimant was no longer actively pursuing her claim and had failed to comply with a tribunal order, justifying strike out under Rule 38(1)(c).
Practical note
Failure to respond to case management orders directing a claimant to confirm their intention to proceed will result in strike out for non-pursuit under Rule 38.
Legal authorities cited
Statutes
Case details
- Case number
- 2303590/2022
- Decision date
- 6 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Louis Brown
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No