In person For the v Respondent — 2024

Mr Mackenzie Linden worked for ASDA Stores Limited from 8 January 2021 to 11 January 2023 as a Customer Delivery Driver. He presented claims on 8 February 2023 after his employment ended without notice on grounds of misconduct, complaining that he had been unfairly dismissed and dismissed in breach of contract. The hearing on 11 January 2024 was a preliminary hearing for the respondent's application to strike out the claim because the claimant had not complied with case management orders and had not actively pursued the case.

Employment Judge M Ord found that the claimant had not taken the steps required by the tribunal's orders and had already been warned about possible strike out. The judge recorded the claimant's explanation that he thought the tribunal would do the necessary preparatory steps, but after taking him through the orders concluded that he understood what was required. The judge considered Rule 37 of the Employment Tribunals Rules of Procedure 2013, together with Harris v Academies Enterprise Trust and James v Blockbuster Entertainment Limited.

The judge decided that strike out was not the appropriate sanction at that stage because there was no suggestion that a fair trial was no longer possible and the respondent had fully prepared for the hearing. Instead, unless orders were made, with an express warning that further non-compliance would lead to strike out without further application or order. No substantive decision was made on the merits of the unfair dismissal or breach of contract claims, and any costs application for the hearing was reserved to the final hearing.