K Foster v Gloden Ltd (In Administration): 6031637/2025
JUDGMENT
The judgment of the Tribunal is as follows: The Claims are struck out.REASONS
[1]The claim form (ET1) was presented on 27 August 2025 claiming redundancy pay, notice pay, holiday pay and arrears of pay (“the Claims”). Since that date, there has been no correspondence from the Claimant to the Tribunal.[2]The Tribunal contacted the Claimant and the Secretary of State on 5 November 2025, given that the Respondent is in administration. The Secretary of State responded on 18 November 2026.[3]The Tribunal contacted the Claimant again on 2 February 2026, notifying parties that the matter was being listed for a hearing. The Claimant was asked to confirm if they accepted the Secretary of State’s sum offered in respect of the outstanding claims, which could avoid the need for a hearing.[4]A notice of final tribunal hearing by video was sent to the parties on 18 February 2026. That notice states: If this Order (including the timetable) is not complied with, the Tribunal, under Rule 6 of the Rules of Procedure, may take such action as it considers just which may include(a) waiving or varying the requirement;(b) striking out the claim or response in whole or in part, in accordance with Rule 38..”[5]The Tribunal contacted the Claimant on 11 June 2026, confirming that the hearing would start at 2pm on 12 June 2026. There was no reply to this email. Case No: 6031637/2025[6]On the day of the hearing, the clerk dealing with the Claim tried to call the Claimant and could not get a response.[7]I am satisfied that the grounds for striking out the claims under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claims. This is because since the submission of the ET1 form nearly a year ago, the Tribunal has received no correspondence from the Claimant. The Claimant did not appear at the listed hearing. The claims have therefore not been actively pursued.[8]The Claims is therefore struck out. Approved by