Mr D Pearce v Ballycommon Services Limited RECORD OF A PRELIMINARY HEARING — 2025

Mr D Pearce presented claims for disability discrimination and unlawful deduction of wages on 26 September 2024. The tribunal noted that the claim form did not disclose any clear discrimination claims and did not specify what wages were said to be owed. Mr Pearce was ordered to provide particulars, and he indicated that because of his disability he would rather tell a judge than write it; the tribunal granted that indulgence.

The preliminary hearing was listed from November 2024 and the tribunal was satisfied that the claimant had notice of it. It found that nothing had been heard from him for three to four months, he did not attend the hearing, and the matter could not be taken forward. The tribunal decided to dismiss or strike out the claim because it had not been actively pursued, and recorded that it could have issued an unless order but chose not to do so.

The judgment states that all claims were struck out under Employment Tribunal Rule 38(1)(d). The claimant was told that if he wished to reinstate the case he would need to apply for reconsideration within 14 days of the order being sent and set out, among other things, that he wished to prosecute the claim, why he failed to attend, what impairments led to disability at the material time, and what acts of disability discrimination he wished to pursue.