Case 2408519/2020 · Employment Tribunal
Mr J Kelly v Cordant Recruitment Ltd STRIKE OUT — 2021
- Case reference
- 2408519/2020
- Decision date
- 6 July 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr J Kelly
Respondent
Key findings
Tribunal's reasoningThe tribunal did not determine the merits of the underlying claim. It recorded that the claimant, Mr J Kelly, failed to attend or be represented at a case management hearing on 24 May 2021, and no explanation or other application had been provided at that stage. On the tribunal's own initiative, a strike-out warning was then issued under rule 37.
The warning gave the claimant 28 days to make written representations or request a hearing before any strike-out, and asked him to explain his non-attendance, confirm whether the claim was still being actively pursued, and address how the claim had a reasonable prospect of success in light of the respondent's defence. The judgment records that no response was received in time or at all.
Applying rule 37 of the Employment Tribunals Rules of Procedure 2013, the tribunal struck out the claim on the basis that it was not being actively pursued under rule 37(1)(d) and/or had no reasonable prospect of success under rule 37(1)(a). No remedy was awarded because the claim was struck out before any merits hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment is a strike-out decision under rule 37 and does not identify the underlying substantive claim types. The case was struck out because the claimant did not attend the case management hearing, did not respond to the tribunal's strike-out warning, and the tribunal found the claim was not being actively pursued and/or had no reasonable prospect of success. | Struck out | — | — |
Legal tests applied
3 references- rule 37(1)(a) Employment Tribunals Rules of Procedure 2013
- rule 37(1)(d) Employment Tribunals Rules of Procedure 2013
- rule 37(2) Employment Tribunals Rules of Procedure 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.