Mr A Nayeem v The Co-Operative Group Ltd — 2023

The claimant brought a claim for unfair dismissal arising from his dismissal on 1 March 2023 after an interaction with a known shoplifter and an internal disciplinary process. The final hearing was listed for 1 and 2 November 2023. The claimant did not attend on 1 November 2023, did not respond to attempts to contact him that morning, and had not provided his own witness statement or a schedule of compensation as required by case management orders.

The respondent applied to strike out the claim because of the claimant's non-compliance with tribunal orders and failure actively to pursue the claim. The tribunal had sent a strike out warning on 26 October 2023 asking the claimant to explain his compliance and readiness for the final hearing; he did not respond.

The tribunal considered whether a fair hearing remained possible. It found the claimant's failure to comply with the case management orders was blameworthy and unexplained, and that participation, including providing a witness statement in advance, was essential to a fair trial. The tribunal struck out the unfair dismissal claim under rules 37(1)(c) and 37(1)(d), but did not strike it out on the basis of no reasonable prospect of success because the claim would have involved contested evidence if it had proceeded with the claimant's compliance.