Claimant v London North West University Healthcare NHS Trust
Outcome
Individual claims
Claim struck out because claimant failed to comply with tribunal orders, failed to actively pursue the claim, and did not respond to the tribunal's letter of 2 December 2024 giving opportunity to make representations by 30 December 2024.
Facts
The claimant filed a claim in 2018 against an NHS Trust. The respondent applied to strike out the claim on 23 July 2024, with follow-up applications on 27 August and 30 September 2024, on the basis that the claimant had failed to comply with tribunal orders and was not actively pursuing the claim. The tribunal sent the claimant a letter on 2 December 2024 by both post and email, giving her until 30 December 2024 to make representations or request a hearing. The claimant did not respond.
Decision
Employment Judge Quill struck out the claim on 6 February 2025 on the basis that the claimant had failed to comply with tribunal orders, was not actively pursuing the claim, and that it was proportionate to strike out in all the circumstances given the claimant's failure to respond to the tribunal's opportunity to make representations.
Practical note
A tribunal will strike out a claim for non-pursuit where a claimant fails to respond to the tribunal's direct opportunity to show cause why the claim should not be struck out, even when contacted by multiple methods.
Case details
- Case number
- 3334352/2018
- Decision date
- 6 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
Claimant representation
- Represented
- No