Case 3304295/2023 · Employment Tribunal
In person For the v Respondent — 2025
- Case reference
- 3304295/2023
- Decision date
- 15 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Postle
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThis was the respondent's application to strike out the claimant's public interest disclosure claim. Employment Judge Postle, sitting alone, heard the application at Norwich by CVP on 17 March 2025 and allowed it. The judgment records that the claimant had been legally represented at the outset, but that representation ceased in January 2024.
The tribunal relied on the procedural history, including that the claim was presented on 25 April 2023, the response was filed on 6 June 2023, and numerous tribunal orders and extensions of time were then made without compliance. The claimant also failed on a number of occasions to engage with the respondent's solicitors. The tribunal noted the claimant's explanation that she had moved house, lost contact with her former neighbour, found a job, and experienced undue stress, but said there was no real substantial explanation for the delay and no medical evidence supporting stress.
Applying the guidance in Weir Valves & Controls (UK) Limited v Armitage and Harris v Academies Enterprise Trust, the tribunal considered whether a lesser sanction would be appropriate and whether there was a substantial risk that a fair trial was no longer possible. It concluded that, given the length of the proceedings, the repeated failures to comply, and the current listing backlog, there was significant disruption, unfairness and prejudice to the respondent. The tribunal also found intentional and contumelious default together with inordinate and inexcusable delay. It therefore struck out the claim and dismissed it.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The respondent's application to strike out the claimant's public interest disclosure claim succeeded under Rule 38(1)(c) and (d). The tribunal said the claim was dismissed after strike out. | Struck out | — | — |
Legal tests applied
4 references- Rule 38(1)(c) Employment Tribunals Rules of Procedure 2024
- Rule 38(1)(d) Employment Tribunals Rules of Procedure 2024
- Weir Valves & Controls (UK) Limited v Armitage [2004] ICR 371
- Harris v Academies Enterprise Trust [2015] IRLR 2008
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.
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