Mr D Mullen v The Panelcompany Limited — 2025

On 10 June 2025 Employment Judge Heath heard the respondent's strike-out application at a public preliminary hearing after the listed four-day final hearing had been converted the previous day. The claimant did not attend. The respondent attended through Mr J Lofgord. The claim had originally been brought on 29 November 2023 as an automatic unfair dismissal claim arising from the claimant's allegation that he had blown the whistle.

The tribunal recorded that the claimant had been ordered on 28 June 2024 to provide further information by 5 July 2024 and a schedule of loss by 12 July 2024, but he did not do so. From July 2024 onwards he did not communicate with the respondent and did not engage with the tribunal process. The tribunal found that this non-compliance had derailed case management, that disclosure and witness statements had not been exchanged, and that a fair hearing could not be achieved within the 10 to 13 June 2025 trial window or generally.

Applying Rule 38(1)(c) of the Employment Tribunal Rules of Procedure 2024, and taking account of the overriding objective, the tribunal held that the respondent had made out non-compliance with an order and that strike-out was proportionate. It also shortened the notice period under Rule 53(2) to one day under Rule 5(7), because of the claimant's long disengagement and the need to avoid further delay and wasted expense. The claim was therefore struck out, with no merits determination and no monetary award.