Mr M Abdelsalam v The Co-Operative Group Ltd — 2025

The claimant brought complaints of race discrimination and detriment on the grounds of trade union activities. The issues identified at an earlier case management hearing focused on the claimant's suspension by a warehouse shift manager after an alleged clocking offence, which the claimant said harmed his reputation and caused difficulties within his marriage.

The respondent applied to strike out the claim on the basis that it had not been actively pursued and that the claimant had breached case management orders. The tribunal recorded that the claimant had not provided a schedule of loss or disclosure, no bundle had been agreed, witness statements had not been exchanged, and the claimant had not responded to correspondence or the tribunal's request for comments.

The tribunal concluded that the claimant appeared to have disengaged from the litigation process and that it was reasonable to treat that disengagement as a conscious decision. It found that the rule 38 threshold tests were met and that it was appropriate to strike out the claim; the July 2025 hearing was cancelled.