Mrs P O Williams-Falokun v Barts Health NHS Trust and others: 3202406/2023
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 17 November 2025 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 sent to the parties on 31 July 2024. Case Number: 3202406/2023• the claim had not been actively pursued; and/or[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out at a preliminary hearing listed for today, 25 November 2025. The Claimant failed to attend the hearing or to contact the Tribunal or the Respondent in response to the letter dated 17 November and the Notice of Hearing sent on 24 November 2025.[3]I am satisfied that the grounds for striking out the claim under Rule 38 (1)(c) and (1)(e) apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is because:a. The Claimant has failed to comply with the court orders sent to her on 31 July 2024.b. The Claimant has failed to attend today’s hearing.c. The Claimant has failed to respond to correspondence from the Respondent and the Tribunal.d. The Claimant failed to cooperate with the Respondent in the production of the hearing bundle or to agree a list of issuese. The Claimant failed to produce any witness statements for herself and for her witness.f. The Claimant continues to be employed by the 1st Respondent. She has failed to make any preparation to attend this final hearing of her claim as she had not booked any time off work to attend the hearing.[4]The claim is therefore struck out.[5]The hearing dates listed 26 – 28 November, 2 – 4 December, 9 – 12 December and 16 December 2025 have already been vacated and this order confirms this and that the hearing will not take place. Approved by: