Mr A Miller v Calendula Services Ltd T/a DWP Housing Partnership: 6043726/2025
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 16 June 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claim had not been actively pursued.[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied.[3]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 claim was listed for a final hearing on 10 July 2026 and it appears from correspondence from the respondent, to which the claimant has not replied, that the claimant has failed to comply with the Tribunal’s case management orders. The respondent should not have to bear the cost and inconvenience of continuing to defend the claim, including attending a hearing, if the claim is not being actively pursued.[4]The claim is therefore struck out.[5]The hearing on 10 July 2026 will not take place. Approved by: