Claimant v M R Trading (West Midlands) Ltd
Outcome
Individual claims
The claim was struck out for non-pursuit after the claimant failed to respond to the tribunal's letter dated 19 July 2023 giving an opportunity to make representations or request a hearing. The claimant did not engage with the tribunal's process.
Facts
The claimant brought a claim against M R Trading (West Midlands) Ltd with a case number issued in 2021. The tribunal wrote to the claimant on 19 July 2023 giving an opportunity to make representations or request a hearing about why the claim should not be struck out for non-pursuit. The claimant failed to respond or make sufficient representations.
Decision
Employment Judge Maxwell struck out the claim on papers on the basis that it had not been actively pursued by the claimant. The claimant was given a fair opportunity to respond but failed to do so.
Practical note
Claimants must actively pursue their claims and respond to tribunal correspondence, or risk having their claims struck out for non-pursuit even without a hearing.
Case details
- Case number
- 1304177/2021
- Decision date
- 9 January 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No