Mr P Green v One Beyond Ltd: 6001430/2025
JUDGMENT
The claim is struck out under Rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024REASONS
[1]The Tribunal wrote to the Claimant on 26th September 2025 warning them that the Tribunal was considering striking out the claim of unfair dismissal. This was because it appeared to the Tribunal that the Claimant did not have two years of service.[2]The same correspondence also sought information from the Claimant regarding their claim of unpaid wages.[3]On the 30th October 2025, the Respondent applied to strike out the Claimant’s claims on the grounds of the claim not being actively pursued. The Claimant was copied into this correspondence.[4]There has been no correspondence from the Claimant.[5]The claim has not been actively pursued[6]The Claimant has had sufficient notification under Rule 38(2) in that he has had a reasonable opportunity to respond to the strike out warning regarding unfair dismissal and has also had sufficient opportunity to make representations in response to the Respondents application dated 30th October 2025, which related to all claims including the wages claim. No such representations have been received.[7]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. Case Number: 6001430/2025[8]The claim is therefore struck out.