Mr I Whittaker v Futaba Manufacturing UK Limited — 2019

Mr Whittaker brought a claim of unfair dismissal only, following dismissal by Futaba Manufacturing UK Limited on 27 July 2018. The tribunal record says he gave almost no detail of the claim and did not provide a schedule of loss or documents despite repeated directions and opportunities to explain what he was complaining about.

The matter had already been listed for attended case management hearings, but the claimant did not attend the hearing on 12 June 2019 and did not answer when telephoned, and he also failed to dial in to the hearing on 11 October 2019. Employment Judge Brewer and Employment Judge Clark made further case management orders, including an order that the claimant confirm whether the claim was being withdrawn or remained actively pursued, but he did not comply. The respondent wrote to him twice reminding him to comply, and after further correspondence the tribunal warned that strike out was being considered.

At the final hearing on 2 December 2019, the claimant again did not attend. Employment Judge Hutchinson applied Rule 37 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 and noted the respondent's reliance on authorities describing strike out as a draconian step and a last resort, including Mr W Khan v London Borough of Barnett and Rolls Royce Plc v Riddle. The judge found that the claim had not been actively pursued, that the claimant had repeatedly failed to comply with orders, and that it was increasingly difficult to see how a fair hearing could take place after the passage of time. The claim was therefore struck out.