Mr. J McBride v Thames Water Utilities Limited — 2024

The tribunal struck out the entire claim under rule 37(1)(d) on the basis that it had not been actively pursued. The claimant did not attend the preliminary hearing on 20 March 2024, tribunal staff were unable to contact him on the day, and the respondent's solicitor reported no recent contact from him.

The judge reviewed the chronology and found that, after some contact in August and early September 2023, the claimant had not responded to later requests from the respondent, had not replied to the respondent's strike-out application, and had not complied with the tribunal's order to comment on that application. The tribunal found that the claimant had been given a reasonable opportunity to make representations, both in writing and by attending the hearing, but had not done so and had provided no explanation for his non-participation.

In deciding to strike out the claim, the judge took into account that a final hearing was listed for 27 to 30 May 2024 and that further case management would otherwise be required, together with the respondent's costs in seeking clarification and attending the hearing. The judgment adds that the unfair dismissal complaint would in any event have been struck out because the claimant had less than two years' service and therefore was not entitled to bring that complaint under section 108 of the Employment Rights Act 1996.