MR MOHAMMED BUTT v Department of Work and Pensions — 2023

This was a case management judgment made at a hearing on 10 July 2023 before Employment Judge Ali, with Miss Fritz and Mrs Payne sitting as members. The claimant did not attend. The respondent was represented by counsel. The final hearing had been listed for 10 to 14 July 2023, but no merits findings were made at this hearing.

The tribunal ordered the claimant to write to the tribunal and the respondent by 7 August 2023 explaining his failure to attend the final hearing. If he did so, the case was to be relisted for a 3 hour hearing before an Employment Judge sitting alone to consider whether the claims should be struck out and, if appropriate, any further case management orders, including any costs application.

If the claimant did not provide that explanation, the tribunal ordered that his claims would stand automatically struck out under Rule 37(c) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on the basis that they had not been actively pursued and that he had failed to comply with tribunal orders. The respondent was given liberty to apply for costs if that occurred, with a timetable set for any such application and response.