Claimant v B&Q Limited
Outcome
Individual claims
The claim was struck out because the claimant failed to comply with tribunal orders dated 26 November 2024 and 14 September 2024, failed to make any representations or request a hearing when given the opportunity, and the claim was not being actively pursued.
Facts
Mr R Khan brought an employment claim against B&Q Limited. The tribunal made orders dated 14 September 2024 and 26 November 2024. On 26 November 2024, the tribunal gave the claimant an opportunity to make representations or request a hearing as to why the claim should not be struck out. The claimant failed to respond or comply with either order. A full merits hearing had been scheduled for 13 and 14 January 2025.
Decision
Employment Judge Alliott struck out the claim on 7 January 2025 on the papers without a hearing. The tribunal found that the claimant had failed to comply with orders and was not actively pursuing the claim, having failed to make any representations or request a hearing when given the opportunity.
Practical note
Claimants who fail to respond to tribunal orders or unless orders risk having their claims struck out for non-pursuit, regardless of the underlying merits.
Case details
- Case number
- 3304500/2024
- Decision date
- 7 January 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- B&Q Limited
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No