Claimant v The Co-operative Group Limited
Outcome
Individual claims
Claim originally raised but was withdrawn by the claimant at the preliminary hearing on 26 June 2024 before Employment Judge Matthews.
Claim originally raised but was withdrawn by the claimant at the preliminary hearing on 26 June 2024 before Employment Judge Matthews.
Claim originally raised but was withdrawn by the claimant at the preliminary hearing on 26 June 2024 before Employment Judge Matthews.
Claim originally raised but was withdrawn by the claimant at the preliminary hearing on 26 June 2024 before Employment Judge Matthews.
Struck out under rule 47 on 6 January 2025 for claimant's non-attendance at hearing, in context of previous non-attendance, poor pleading, and partial non-compliance with tribunal orders. Reconsideration refused.
Struck out under rule 47 on 6 January 2025 for claimant's non-attendance at hearing, in context of previous non-attendance, poor pleading, and partial non-compliance with tribunal orders. Reconsideration refused.
Struck out under rule 47 on 6 January 2025 for claimant's non-attendance at hearing, in context of previous non-attendance, poor pleading, and partial non-compliance with tribunal orders. Reconsideration refused.
Facts
The claimant brought multiple claims including unfair dismissal and discrimination on various grounds, but the claim was poorly pleaded. After missing one hearing in April 2024 (for which he was given the benefit of the doubt), he attended a June hearing where some claims were withdrawn. He then partially failed to comply with case management orders. At a hearing on 6 January 2025 he failed to attend on time, arriving 90 minutes late, and the claim was struck out under rule 47 for non-attendance.
Decision
The tribunal confirmed its decision to dismiss the claims under rule 47, refusing the claimant's application for reconsideration. The judge held that in the context of poor pleading, previous non-attendance, partial non-compliance with orders, and two inconsistent and unsatisfactory explanations for late attendance, it was not in the interests of justice to give the unrepresented claimant another chance to pursue his claim.
Practical note
Tribunals will strike out claims for persistent non-compliance even from litigants in person, particularly where the claimant provides inconsistent and unconvincing explanations for failures to attend hearings.
Case details
- Case number
- 3313050/2023
- Decision date
- 6 January 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No