Ms C Byrne v Maximus UK Services Ltd and 1 other — 2025

The Tribunal considered, on the papers, whether the claims against the 2nd respondent should be struck out. A letter had been sent to the parties on 10 March 2025 proposing strike out because both respondents indicated that the claimant's employment had never transferred to the 2nd respondent.

The claimant was given an opportunity to say whether she agreed or disagreed that her employment had not transferred and to explain why any claim against the 2nd respondent should continue. No response was provided by the deadline, and no extension application was made. The Tribunal also noted the protracted case management history and earlier findings that the claimant had behaved unreasonably in the litigation through lack of response to directions.

The Tribunal found that the claimant had been given adequate warning and an opportunity to make written representations, but had not done so. It concluded that the claims against the 2nd respondent did not appear sustainable or even advanced, and that strike out was proportionate. The claims against the 1st respondent were expressly unaffected.