Outcome
Individual claims
The claim was struck out for failure to comply with case management orders and failure to actively pursue the claim. The claimant did not respond to multiple tribunal letters or provide evidence by the specified deadlines.
Facts
Miss Tobin brought a claim against Aesthetic Health but failed to comply with case management orders contained in a Notice of Hearing dated 10 July 2024. The respondent notified the tribunal of this non-compliance in September 2024. The tribunal wrote to the claimant on 8 and 10 October 2024, and then issued a strike out warning on 11 October 2024 giving her until 18 October 2024 to respond. The claimant failed to respond by the deadline, and only contacted the tribunal on 7 January 2025 stating she wished to pursue the claim but without explaining her previous failures.
Decision
Employment Judge Bright struck out the claim on 9 January 2025 on the basis that the claimant was not actively pursuing it. The claimant had failed to respond to multiple tribunal letters, failed to comply with case management orders, and failed to provide any explanation for these failures even when given a specific opportunity to do so.
Practical note
A claimant who fails to comply with case management orders and does not respond to tribunal correspondence risks having their claim struck out for non-pursuit, even if they later express an intention to continue.
Case details
- Case number
- 6002144/2024
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Aesthetic Health
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No