C Hale v J2 Partners Ltd: 6018840/2024
JUDGMENT
[1]The claimant’s claim is struck out pursuant to rule 38(1) of the Employment Tribunal Rules 2024 on the ground that it has not actively been pursued.REASONS
[2]By an order sent to the parties on 18 November 2025, the claimant was given notice that I was considering striking our her claim. The claimant was given seven days in which to object to this proposal and to give any reasons for that objection.[3]The claimant has not made any such objection or otherwise communicated with the tribunal.[4]Against the background of the sequence of events set out in my previous order of 18 November 2025, I am satisfied that the claimant has failed actively to pursue her claim and has failed to comply with tribunal orders. The claimant has since May 2025 shown no intention of participating in the tribunal proceedings, has not complied with orders, has failed without explanation to attend a hearing intended to progress the matter, has failed to respond to tribunal correspondence, and has raised no objection to the striking out of her claim.[5]The claimant’s approach in these respects appears to me to be intentional and contumelious. Her delay can also be properly characterised as inordinate and inexcusable and it is likely to cause the respondent serious prejudice. The respondent has already attended one hearing that has not been effective since the claimant did not appear, and delay, and the fading of memories with that delay, is also inherently prejudicial to the respondent.[6]I bear in mind that this is a discrimination claim and there is a strong public interest in such claims being considered on their merits. But both the tribunal nd 1 of 2 Case Number: 6018840/2024 those facing such claims are entitled to expect that claimants who bring claims actively pursue them and engage in and with the tribunal process.[7]I consider that the appropriate and proportionate response is to strike out the claimant’s claim on the basis that the claim has not been actively pursued. Writing to the Tribunal[8]Whenever they write to the Tribunal, the claimant and the respondent must copy their correspondence to each other. Useful information[9]All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents.[10]There is more information about the Employment Tribunals on the judiciary website. In particular, you may wish to read the information behind the tiles “Before the hearing”, “At the hearing”, “Rules, Orders, Practice Directions and Guidance”, Sources of advice and support” and “Further information”. The website is here: Employment Tribunals (England and Wales) - Courts and Tribunals Judiciary[11]The Employment Tribunals Rules of Procedure are here: https://www.gov.uk/government/publications/employment-tribunal-procedure- rules[12]You can appeal to the Employment Appeal Tribunal if you think a legal mistake was made in an Employment Tribunal decision. There is more information here: https://www.gov.uk/appeal-employment-appeal-tribunal