Miss B Russell v Barefoot Oxford Ltd: 3306333/2024
JUDGMENT
[1]The claimant’s complaints are struck out.[2]This judgment brings the claimant’s claim to an end.REASONS
[1]The tribunal wrote to the claimant on 9 April 2026 to say that I was considering striking out the claim, because the claimant had not complied with the orders of the tribunal made at a preliminary hearing on 20 August 2025.[2]The claimant had not complied with any of the orders made at the preliminary hearing. She did not provide:a. a list of the dates of late payments of wages;b. a schedule of loss;c. her mitigation evidence;d. her witness statement.[3]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.[4]I am satisfied that 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:a. There has been a wholesale failure by the claimant to comply with the tribunal orders;b. The claim has not been actively pursued and it appears that the claimant may no longer wish to bring her claim; andc. It is no longer possible to have a fair hearing on 4, 5 and 6 August 2026 because the steps required to prepare for that hearing have not been taken by the claimant. Page 1 of 2 Case Number: 3306333/2024[5]The claim is therefore struck out.[6]The hearing on 4, 5 and 6 August 2026 will not take place. Approved by: