Claimant v Elder Branch Limited
Outcome
Individual claims
Claim struck out under Rule 38(1)(c) for non-compliance with tribunal order dated 20 December 2024. Claimant failed to confirm withdrawal or provide medical evidence by the 3 January 2025 deadline, and had repeatedly failed to engage with proceedings despite warnings.
Facts
The claimant brought an employment claim against Elder Branch Limited but failed to attend a preliminary hearing on 10 September 2024. On 20 December 2024, Employment Judge Sudra ordered the claimant to confirm whether she was withdrawing her claim and to provide medical evidence explaining her non-attendance by 3 January 2025. The claimant failed to comply with either requirement and did not engage with the tribunal proceedings despite repeated warnings.
Decision
Employment Judge Aspinall struck out the entire claim under Rule 38(1)(c) of the Employment Tribunal Procedure Rules 2024 for non-compliance with tribunal orders. The judge found this to be a proportionate response given the claimant's repeated failure to engage with proceedings despite ample opportunity and warnings that the claim was at risk.
Practical note
Unrepresented claimants must comply with tribunal orders and engage with proceedings; repeated non-compliance will result in strike-out even without a merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2307964/2023
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No