Claimant v Smiths News Trading Ltd
Outcome
Individual claims
The claim was struck out because the claimant failed to comply with tribunal orders and failed to actively pursue the claim. The claimant did not respond to the tribunal's unless order dated 31 October 2023 giving him until 13 November 2023 to make representations or request a hearing. He also failed to respond to the respondent's further applications dated 14 November and 27 December 2023.
Facts
Mr Cashin brought an employment tribunal claim against Smiths News Trading Ltd. The tribunal issued orders which the claimant failed to comply with. On 31 October 2023, the tribunal gave the claimant until 13 November 2023 to make representations or request a hearing as to why the claim should not be struck out for non-compliance with orders and failure to actively pursue the claim. The claimant did not respond to this unless order or to the respondent's subsequent applications.
Decision
Employment Judge Quill struck out the claim on 9 January 2024 because the claimant failed to comply with tribunal orders and failed to actively pursue his claim. The claimant did not respond to the unless order or make any representations. The scheduled hearing for 4 and 5 March 2024 was cancelled.
Practical note
Unrepresented claimants who fail to comply with tribunal orders and do not respond to unless orders risk having their claims struck out for want of prosecution.
Case details
- Case number
- 3309080/2022
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- logistics
- Represented
- Yes
Claimant representation
- Represented
- No