Claimant v Openreach Limited
Outcome
Individual claims
The claim was struck out under rule 38(d) for non-pursuit. The claimant failed to attend the case management hearing on 10 October 2024, did not respond to tribunal orders by 24 October or 7 November 2024, and did not attend the hearing on 6 January 2025 despite warnings.
The claim was struck out under rule 38(d) for non-pursuit. The claimant failed to attend the case management hearing, did not respond to orders, and did not attend the final hearing despite warnings that the claim might be struck out.
The claim was struck out under rule 38(d) for non-pursuit. The claimant did not communicate with the tribunal or respondent after the case management hearing and failed to attend the hearing on 6 January 2025.
The claim was struck out under rule 38(d) for non-pursuit. The tribunal concluded the claim was not being actively pursued given the claimant's failure to respond to orders or attend hearings despite email communication.
Facts
The claimant was employed by Openreach from 2001 until 31 May 2024. On 29 May 2024, he filed claims of unfair dismissal and discrimination based on age, race, and disability. He failed to attend a case management hearing on 10 October 2024, did not comply with tribunal orders to explain his non-attendance or comment on draft issues, and did not respond to communications from either the tribunal or the respondent.
Decision
The tribunal struck out all claims under rule 38(d) for non-pursuit. The claimant had been warned at the October case management hearing that his claims might be struck out if he did not communicate with the tribunal, but he failed to attend the hearing on 6 January 2025 or respond to any correspondence, leading the judge to conclude the claims were not being actively pursued.
Practical note
Unrepresented claimants must actively engage with tribunal processes and respond to orders, as failure to do so will result in claims being struck out for non-pursuit even where discrimination is alleged.
Legal authorities cited
Case details
- Case number
- 6003007/2024
- Decision date
- 6 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- in house
Employment details
- Service
- 23 years
Claimant representation
- Represented
- No