Claimant v Matthew Clark Bibendum Limited
Outcome
Individual claims
Claim struck out under rule 37(c) and/or (d) for failure to comply with tribunal orders made on 1 October 2024 and failure to actively pursue the claim. Claimant failed to attend the hearing on 6 January 2025 despite emailing on 5 January 2025 indicating he wished to pursue the claim.
Facts
The Claimant brought a claim against Matthew Clark Bibendum Limited. Tribunal orders were made on 1 October 2024 which the Claimant failed to comply with. The Respondent applied for strike out on 14 November 2024 under rule 37(c) and/or (d). The Claimant was given until 3 January 2025 to make representations but only emailed on 5 January 2025 asking for more time. The Claimant then failed to attend the strike out hearing on 6 January 2025.
Decision
Employment Judge Cowen struck out the claim under rule 37 due to the Claimant's failure to comply with tribunal orders, failure to actively pursue the claim, and failure to attend the hearing despite having indicated he wished to pursue his claim. The tribunal concluded a fair hearing could not be held and there were no justifiable reasons to postpone.
Practical note
Unrepresented claimants who fail to comply with tribunal orders and fail to attend hearings risk having their claims struck out even if they have expressed an intention to continue with the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 3304292/2024
- Decision date
- 6 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No