Claimant v British Airways Plc
Outcome
Individual claims
The claim was struck out under Rule 38 for failure to actively pursue. The claimant failed to attend two preliminary hearings, failed to comply with a tribunal order dated 26 September 2025 to provide medical evidence, and failed to respond to the strike-out warning letter dated 1 November 2025.
Facts
The claimant brought proceedings against British Airways PLC but failed to attend two preliminary hearings. The tribunal ordered the claimant to provide medical evidence for their non-attendance in September 2025, but the claimant did not comply. Following a warning letter on 1 November 2025, the claimant did not respond or request a hearing.
Decision
Employment Judge Graham struck out the claim under Rule 38 for failure to actively pursue and failure to comply with tribunal orders. The tribunal concluded that a fair hearing was no longer possible given the claimant's complete lack of engagement with the proceedings.
Practical note
Claimants must actively pursue their claims and comply with tribunal orders; failure to engage at all, including ignoring strike-out warnings, will result in claims being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6014219/2024
- Decision date
- 7 January 2026
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No