Claimant v Kura (CS) Ltd
Outcome
Individual claims
Claim struck out for non-compliance with tribunal orders and failure to actively pursue the claim. Claimant failed to provide medical evidence as ordered and did not respond to the strike-out warning.
Facts
The claimant brought a disability discrimination claim against Kura (CS) Ltd. A preliminary hearing was scheduled for 13-14 August 2024 to determine disability status and time bar issues, but was postponed at the claimant's request due to health reasons. Following the postponement, the claimant failed to make substantive progress and did not comply with tribunal orders to provide medical evidence. Despite being given until 14 January 2025 to explain why the claim should not be struck out, the claimant failed to respond.
Decision
The tribunal struck out the claim under rules 37(1)(c) and 37(1)(d) for non-compliance with tribunal orders and failure to actively pursue the claim. The claimant had been given multiple opportunities to provide medical evidence and to explain why the claim should not be struck out, but failed to comply with any of these directions.
Practical note
Claimants must actively pursue their claims and comply with tribunal orders even when facing health difficulties, or risk strike-out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 8000431/2024
- Decision date
- 16 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Kura (CS) Ltd
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No