Claimant v Costain Engineering & Construction Limited
Outcome
Individual claims
The claim was struck out for non-compliance with Tribunal rules and orders, and for failure to actively pursue the claim. The claimant did not attend the preliminary hearing and was neither present nor represented.
Facts
Mr Currie brought a claim against Costain Engineering & Construction Limited. A preliminary hearing was scheduled for 10 January 2025 by video conference. The claimant failed to attend the hearing and was neither present nor represented. The respondent was represented by counsel.
Decision
The tribunal struck out the claim under rules 38(1)(c) and (d) of the Employment Tribunals Rules of Procedure 2024 on the basis that the claimant had not complied with tribunal rules or orders and had failed to actively pursue the claim.
Practical note
A claimant's failure to attend a preliminary hearing and comply with tribunal orders will result in the claim being struck out for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 2501701/2024
- Decision date
- 10 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No