S Ul-Hassan v UK Fast Fuel Ltd: 1306901/2023
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 1 May 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that• the claimant had not complied with the Order of the Tribunal dated 29 May 2025;• the claim had not been actively pursued; and/or• it was no longer possible to have a fair hearing of the claim, because of the reasons set out in the Tribunal’s letter dated 1 May 2026.[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is because the respondent has been unable to prepare for the final hearing due to the claimant’s noncompliance. It is therefore not possible for a fair hearing to take place within the trial window, and it is not in the interests of justice to postpone the hearing to another date in circumstances where there has been noncompliance of this nature from the claimant and no indication from the claimant that he wishes to continue with his claim.[4]The claim is therefore struck out.[5]The hearing on 11 to 14 May 2026 will not take place.