Mr M Lal v Phillips & Cohen Associates (UK) Ltd — 2021

The tribunal recorded a long history of delay and failure by the claimant to comply with directions. The case had been listed for a final hearing on 15 to 19 March 2021, and the respondent had written to the tribunal several times before the hearing date about lack of compliance with case management orders and lack of communication from the claimant.

On 20 January 2021, Regional Employment Judge Franey refused the respondent's strike out application but directed that witness evidence had to be exchanged by 4 pm on Friday 12 February 2021, with the consequence that any non-compliant evidence could not be relied on at the hearing. The claimant did not comply with that deadline and did not request an extension or otherwise respond.

On 22 February 2021, the tribunal wrote to the claimant informing him that he was debarred from giving or calling any evidence and invited representations on why the claim should not be struck out. No response was received. In those circumstances, the tribunal struck out the claim for non-compliance with tribunal orders and because it was not being actively pursued. The hearing listed for 15 to 19 March 2021 was cancelled. No merits findings or remedy were recorded.