Mr Nigel Burbeck v CPFC Limited — 2024

Mr Nigel Burbeck brought claims against CPFC Limited for disability discrimination and constructive unfair dismissal. The respondent was substituted as the proper respondent. At the 23 February 2024 hearing, Employment Judge Abbott recorded that the claimant did not attend, and that he had not engaged with the Tribunal process since presenting the claim on 17 April 2023. He had not returned the case management agenda, had not attended the 28 November 2023 preliminary hearing, and had not complied with Employment Judge D Wright’s order to confirm whether he was pursuing the claim, explain his non-attendance, and provide a schedule of loss.

The judge found that the claimant had been given a reasonable opportunity to make representations, as required by Rule 37(2), but had not taken that opportunity. Applying Rule 37(1)(d), and referring to Evans v Commissioner of Police of the Metropolis, Birkett v James, Rolls Royce plc v Riddle, and Khan v London Borough of Barnet, the judge concluded that the claim had not been actively pursued. The claimant’s complete lack of engagement, including failure to respond to the respondent’s correspondence and strike-out application, meant it was no longer just to allow the claim to continue.

The judge considered whether a lesser sanction such as an Unless Order would be appropriate, but decided it would not be. The claim was therefore struck out, and the hearing listed for 29, 30, 31 July and 1, 2 August 2024 was vacated. No merits findings were made and no monetary award was recorded.