Claimant v Knights Brown Construction Ltd — 2024

In December 2023 the claimant presented claims of unfair dismissal and unpaid holiday pay. A hearing was listed for 30 and 31 October 2024, and case management orders were sent to both parties on 16 February 2024. The tribunal later recorded that the claimant did not comply with those orders. On 2 April 2024 the tribunal ordered the claimant to confirm whether he still wished to pursue the claim, explain why he had not complied, and state when he would be able to do so; no reply was received.

After further correspondence, including a tribunal letter of 22 May 2024 asking the claimant to confirm whether he had any additional documents and to supply them if so, there was still no reply. On 12 September 2024 the tribunal again wrote to the claimant requiring him to confirm within seven days whether he was pursuing the case and warning that strike out would be considered if he did not reply. The claimant did not respond to that letter. The respondent then asked for the claim to be struck out on 26 September 2024, and the claimant later said he had not received correspondence and asked the respondent to provide it that day.

The respondent renewed its application for strike out and for the hearing to be postponed. On 30 October 2024 the respondent indicated it was willing and able to attend, but the claimant did not attend and the hearing was vacated. Employment Judge Andrews held that the claimant had failed to comply with the February 2024 orders and had subsequently failed more than once to provide information by the specified deadlines. The tribunal concluded that the claim had not been properly and actively pursued and struck it out because a fair hearing of the issues could not be conducted at the listed hearing date.