Claimant v Device Revive Limited
Outcome
Individual claims
Claims were struck out because they had been paid by the Respondent and would be wholly unnecessary and disproportionate to continue, and because the claims had not been actively pursued. Claimants failed to make representations or request a hearing after being given the opportunity by the Tribunal on 6 November 2024.
Facts
Three claimants (Mr D P Noble, Mr J O White, and Mr K Evans) brought claims against Device Revive Limited. The Respondent subsequently paid the claims. On 6 November 2024, the Tribunal wrote to the claimants giving them an opportunity to make representations or request a hearing as to why the claims should not be struck out on grounds that the claims had been paid and that the claims had not been actively pursued.
Decision
Employment Judge Batten struck out all three claims on the papers. The claimants failed to respond to the Tribunal's letter of 6 November 2024 by making representations or requesting a hearing. The Tribunal found the claims had been paid by the Respondent and had not been actively pursued.
Practical note
Claimants must respond to tribunal directions and actively pursue their claims, even after settlement, or risk strike-out for non-pursuit.
Case details
- Case number
- 2400511/2024
- Decision date
- 9 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No