Mr J Penalva v Tutors International — 2024

Judge Codd had already given the claimant an opportunity to explain why the case should not be struck out after he failed to attend a case management hearing on 13 October 2022 without explanation and wrote to the tribunal describing it as "a den of corrupt judges, a criminal organisation working in favour of British companies. The new British colonialism." He was told to explain his absence, confirm that he wanted the proceedings to continue, and provide further and better particulars by 3 November 2023.

The claimant did not respond. Employment Judge G. Smart held that the failure to respond at all to the strike-out notice, together with the unexplained absence from the hearing, was unreasonable conduct and showed that the claim was not being actively pursued.

The tribunal also found that the ET1 was extremely vague as to how the alleged philosophical belief could amount to discrimination or harassment. It held that the respondent would be at a substantial disadvantage because it did not know the full case it had to meet, and that no fair preparation or fair hearing could take place.

The tribunal considered alternatives such as a preparation time or costs order and an unless order, but decided that, in light of the conduct and the lack of proper pleading, the just course was to strike out the claim under rule 37(1)(a) and (d). The hearing listed for 8 January 2024 was cancelled.