Mr A R Ramezani v MZ Fibres Ltd — 2025

The claimant presented his claim on 1 June 2022 after ACAS early conciliation, alleging constructive unfair dismissal, race discrimination, religion or belief discrimination, and underpaid wages/monetary claims. The respondent denied the claims and said the claimant had declined to return to work and later confirmed his resignation.

The matter was listed for a final hearing in October 2023, but it was postponed after applications from both sides based on lack of preparation and, for the respondent's representative, ill health. When the case returned for hearing on 15 April 2025, the claimant's representative renewed an application to postpone, saying the claimant had been difficult to contact in 2024 and that witness statement and bundle preparation had not been completed. The tribunal refused a further postponement, applied Rules 3, 32 and 38 of the Employment Tribunal Procedure Rules 2024, and struck out the claim under Rule 38(1)(d) because it had not been actively pursued.

The tribunal found there had been no significant progress since July 2023 and no medical evidence or other sufficient explanation for the delay. It noted that, by the time any new hearing could be listed, several years would have passed since the events in issue, and that the respondent's own failure to engage did not remove the claimant's responsibility to progress the case. It also said that, on the facts, it might equally have concluded that the proceedings had been conducted unreasonably or that a fair hearing was no longer possible, but its actual order was strike out for non-active pursuit.