Mr H Amin v Wurth UK Ltd — 2024

Mr H Amin was dismissed in January 2023, with a termination date of 31 January 2023, and presented his claim after ACAS early conciliation in March 2023. The respondent responded in April 2023, after which Employment Judge Leith flagged that the unfair dismissal claim might be struck out because the claimant did not have two years' service. Employment Judge Khalil repeated the strike out warning in July 2023 and required the claimant to provide short particulars of each discrimination allegation and further information about the unfair and wrongful dismissal claims.

At the preliminary hearing on 24 October 2023, Employment Judge Feeney said the claim should be actively pursued and did not permit further delay for legal advice. By the final hearing on 26 January 2024, the tribunal found that the claimant had not complied with any order, had not made the promised amendment application, and had taken no steps to advance the case, including during the period when he was represented by solicitors between 15 November 2023 and January 2024. The tribunal said orders are deadlines, not aspirational dates, and took into account the overriding objective and the Rule 6 warning in Employment Judge Feeney's order.

The tribunal concluded there was no confidence that a further opportunity would lead the claimant to pursue the case actively, and that the respondent would be prejudiced by continued delay while facing an unclear claim that was not being progressed. The respondent's application to strike out the claim in full was therefore granted. No merits findings were made on the unfair dismissal, wrongful dismissal, or discrimination claims, and the respondent's costs application was reserved.