Miss C Cook v Disclosure and Barring Service: 2401341/2024
JUDGMENT
[1]The respondent’s application to strike out the claimant’s complaint of automatic unfair dismissal on the grounds of taking family leave is refused.[2]The respondent’s alternative application for a deposit order to be made in relation to the above claim, and in relation to the claimant’s ‘ordinary’ unfair dismissal claim is also refused.REASONS
[1]The final hearing listed for 15-18 September 2025 was postponed and converted into a preliminary hearing to decide whether the claimant’s claim should be struck out on the grounds that she has failed to actively pursue her claim and has failed to comply with Tribunal orders.[2]This was done by Employment Judge Dunlop by letter dated 8 May 2025, who also struck out the claim of automatic unfair dismissal because the claimant did not comply with an Unless Order.[3]The claimant has known since the letter of 8 May 2025 that her claim may be struck out at this hearing today. She wrote very late (on 7 September 2025) opposing the respondent’s strike out application but the Tribunal understands that other than this, she has done nothing to comply with the outstanding case management orders. Case Number: 2401341/2024 2[4]The claimant did not attend the Tribunal today as instructed. She had not attended the Tribunal by the start time of 10am. The clerk made efforts to contact her by calling her mobile and leaving a message, but she did not reply. The Tribunal waited until 10.20am to see if she would arrive late. She did not. The claim was therefore struck out due to her non-attendance. Approved by