Claimant v Nestle UK Limited
Outcome
Individual claims
The claim was struck out for not being actively pursued. The tribunal gave the claimant an opportunity to make representations or request a hearing on 26 July 2024, but the claimant failed to respond or engage with the process.
Facts
Mr Livingstone brought a claim against Nestle UK Ltd but failed to actively pursue it. The tribunal sent him a letter on 26 July 2024 giving him an opportunity to make representations or request a hearing as to why the claim should not be struck out for non-pursuit. The claimant did not respond to this unless order.
Decision
The tribunal struck out the claim because the claimant failed to actively pursue it and did not respond to the tribunal's unless order. Having been given a fair opportunity to make representations or request a hearing, the claimant's failure to engage resulted in the claim being dismissed.
Practical note
Claimants must actively engage with tribunal directions and unless orders or risk having their claims struck out for non-pursuit, even without a hearing.
Case details
- Case number
- 2600095/2024
- Decision date
- 9 August 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No