H Alderton v Ferring Dental Clinic Ltd and others: 6003629/2024 H Alderton v Ferring Dental Clinic Ltd and others: 6003629/2024
JUDGMENT
The response is struck out.REASONS
[1]The Tribunal wrote to the respondents on 23 April 2026 warning them that the Tribunal was considering striking out the responses. This was because it appeared to the Tribunal, applying Rule 38 and/or 47 of the Employment Tribunal Procedure Rules 2024, that The respondents failed to attend the hearing on 4 December 2025. The respondents failed to comply with the Orders of the Tribunal made on 4 December 2025 and that dated 23 April 2026. The responses were not being actively pursued.[2]The letter gave the respondents an opportunity to explain why the response should not be struck out, or to request a hearing at which to do so. The respondents have not replied[3]I am satisfied that the grounds for striking out the response under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the response. This is because the respondents have repeatedly demonstrated their unwillingness to comply with Tribunal Orders and to pursue their response actively, despite being warned of the consequences. They have thereby wasted judicial and Tribunal resources and have acted unreasonably.[4]The responses of all respondents are therefore struck out. The respondents will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge.[5]The hearing listed on 13 to 15 July 2026 will proceed but will be reduced to a 1-day hearing commencing on 13 July 2026. The hearing is converted to a Rule 22 hearing at which the claimant will be required to prove the identity of the correct respondent and to prove her claims against it. If the claims succeed, the Judge will consider making Orders for compensation.[6]The claimant must continue to comply with the directions relation to the production of a bundle of documents and a witness statement. She is no longer required to cooperate with the respondents to agree the bundle but must serve the Bundle and her statement on the Tribunal and the Respondent 21 days before the date of the final hearing. The case management Orders of 4 December 2025 are varied accordingly. Approved by: