Claimant v North West Door Security Limited
Outcome
Facts
This was a preliminary hearing to determine strike-out applications made by both parties. The claimant applied to strike out the respondent's response under Rule 37(1)(c) for non-compliance with tribunal rules or orders. The respondent applied to strike out the claim under Rule 37(1)(b) on the basis that the claimant's conduct of proceedings had been scandalous, unreasonable or vexatious.
Decision
Employment Judge Childe dismissed both strike-out applications. Neither party succeeded in having the other's case struck out. The substantive claim remains live and will proceed to a future hearing.
Practical note
Strike-out applications under Rule 37 require a high threshold to be met, and tribunals are reluctant to prevent parties from having their case heard on its merits unless there are compelling procedural reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 2406578/2023
- Decision date
- 6 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No