Outcome
Individual claims
The claim was struck out under Rules 38(1)(c) and (d) because the claimant failed to comply with the tribunal's Order dated 9 January 2025, did not respond to the strike out warning issued on 29 April 2025, and failed to actively pursue the case.
Facts
The claimant Mr Walton filed a claim against EESTAIRS UK LTD in 2024. Employment Judge Burge issued an Order on 9 January 2025 which the claimant failed to comply with. A strike out warning was subsequently issued by EJ Fredericks-Bowyer on 29 April 2025, to which the claimant did not respond. The claimant continued to fail to comply with tribunal orders and did not actively pursue his claim.
Decision
Employment Judge Burge struck out the claim under Rules 38(1)(c) and (d) on the basis that the claimant had breached tribunal orders and failed to actively pursue the case. The tribunal found it was in accordance with the overriding objective to strike out the claim. All listed hearings were cancelled.
Practical note
Claimants who fail to comply with tribunal orders and do not respond to strike out warnings will have their claims struck out for non-pursuit, even when hearings are already scheduled.
Legal authorities cited
Statutes
Case details
- Case number
- 6009274/2024
- Decision date
- 27 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- EESTAIRS UK LTD
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No