Mr A Borsellino v GXO logistics UK Limited Heard: by CVP in Cambridge — 2025

Mr A Borsellino was employed by GXO logistics UK Limited as a warehouse operative and forklift truck driver from 19 August 2013 until his dismissal for misconduct on 2 April 2024. He presented an ET1 on 26 September 2024 after early conciliation between 21 June 2024 and 2 August 2024. The claim form pleaded unfair dismissal and also ticked the whistleblowing box, but the tribunal recorded that there were very limited particulars of the claims and no explanation of the whistleblowing complaint.

The tribunal had listed the matter to consider timeliness and jurisdiction and had made case management orders requiring compliance by 28 February 2025. The claimant did not comply with those orders, did not communicate with the tribunal after issuing the claim, and did not attend the hearing on 24 July 2025. An email was sent asking him to join by 10.15am, but he still did not appear. Mr Sands for the respondent submitted that the claim should be struck out for non-compliance and failure actively to pursue it.

Employment Judge Codd applied Rule 38(1)(c) and (d) of the Employment Tribunal Rules of Procedure, noted Rule 39 as an alternative in cases of non-compliance, and referred to Barton v Wright Hassall LLP [2018] UKSC 12 in relation to compliance by litigants in person. The tribunal concluded that the claimant had missed two opportunities to explain his case, that an unless order would not be likely to be complied with, and that strike-out was the appropriate course. The claim was therefore struck out, with the tribunal noting that any reconsideration application would need to explain the failure to attend and comply with directions.