Claimant v Emcor Group (UK) plc

Outcome

Facts

The claimant worked as a Security Officer from 2014 to 2022 and was dismissed on grounds of redundancy. He claimed unfair dismissal, alleging the redundancy was not genuine and linked to a 2021 security breach. The claimant failed to engage with hearing preparation, did not respond to multiple attempts by the respondent to contact him between March and April 2024, and did not attend the hearing. He claimed his email had been hacked, he had been evicted and was living in emergency accommodation with four children, and he was undertaking Prison Officer training.

Decision

The tribunal refused the respondent's strike-out application under Rules 37(1)(c) and (d). The judge found it was not clear the claimant had received the strike-out warning or notice of the refusal of his postponement request, given his hacked email account. There was insufficient clarity about what communications he had received, and his difficult personal circumstances (eviction, emergency accommodation, new employment training) meant strike-out was not a proportionate response at this stage.

Practical note

Legal authorities cited