Claimant v GXO Logistics
Outcome
Individual claims
The claim was struck out under Rule 38 because the claimant failed to actively pursue the claim and failed to comply with multiple tribunal orders regarding disclosure, witness statements, and providing medical evidence about fitness to participate. Despite repeated extensions and warnings, the claimant did not progress the case for over a year, and there was no indication when he would be able to do so.
Facts
The claimant brought an unfair dismissal claim apparently following dismissal due to long-term ill health absence. The claim was filed in October 2023 with a hearing initially scheduled for March 2024. The claimant repeatedly asked for the proceedings to be suspended due to ill health (anxiety, knee problems, depression) and homelessness. Despite multiple postponements and orders from three different judges, the claimant failed to comply with case management orders or provide adequate medical evidence about his fitness to participate in proceedings. Over a year after filing, the claim had made no progress.
Decision
Employment Judge Davies struck out the claim under Rule 38 for both non-pursuit and failure to comply with tribunal orders. The judge found inordinate delay creating substantial risk that a fair hearing was no longer possible, with no indication when the claimant would be able to proceed. The judge considered the claimant's ill health but concluded that striking out was proportionate given the prejudice to the respondent, the need to deliver justice within a reasonable time, and the lack of any alternative remedy.
Practical note
Even where a claimant has genuine health difficulties, tribunals will strike out claims where there is prolonged non-compliance with orders, no indication when proceedings can progress, and no lesser remedy is appropriate—claimants cannot simply file claims and then unilaterally suspend them indefinitely.
Legal authorities cited
Statutes
Case details
- Case number
- 1806600/2023
- Decision date
- 22 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- GXO Logistics
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No