C Gadd v Brighton and Newhaven Fish Sales Ltd: 6009152/2024
JUDGMENT
The claim is struck out.REASONS
[1]The claimant failed to attend the hearing on 10 October 2025 and was not contactable on that date. The Tribunal sent the subsequent orders to the parties on 11 November 2025. These required the claimant to confirm he was pursuing his case by 24 October 2025 (which by that time had passed). He was also to send his schedule of loss by 31 October 2025 (that date had also passed). The orders made clear if the claimant did not confirm he was pursuing his case the tribunal might consider striking out his claim.[2]The tribunal have to date received no correspondence from the claimant confirming that he is pursuing his claim or querying the fact those dates had passed by the time of the order being sent out.[3]The respondent wrote to the tribunal to request the claim be struck out due to the failure of the claimant to comply with the orders on 2 December 2025. On the same day they copied this to the claimant saying there was no evidence to support active pursuit of his claim. Both letters said he should send any objections to the Tribunal and themselves as soon as possible.[4]Again there has been no correspondence from the claimant objecting to the application and in all the circumstances it is granted.[5]Applying Rule 38 of the Employment Tribunal Procedure Rules 2024 I find the claim has not been actively pursued and/or the claimant has not complied with the Order sent on 11 November 2025, specifically to confirm he is pursuing his case and to provide is schedule of loss. I note that the dates for compliance had passed by the time the order was sent to the parties but the claimant has not taken any steps to comply within such further period as is reasonable.[6]The claimant has had a reasonable opportunity to make representations as he was invited by the respondent on 2 December 2025 to explain why the claim should not be struck out as soon as possible. The claimant has not replied by 7 January 2026.[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. This is because the claimant has both failed to attend a hearing and to respond at all. I considered whether I should first issue a notice warning of this strike out, but I consider the claimant has already had warning in the Orders themselves and in the respondent’s correspondence. If he was concerned to make sure his case continued it is reasonable to expect him to have made some sort of response by now. The tribunal is dealing with an overwhelming level of correspondence and it would not be proportionate to engage in further correspondence given the chances the claimant has had.[8]The claim is therefore struck out.[9]The hearing on 7-9 April 2026 will not take place. Approved by: