Mr Q Islam v Tesco Stores Ltd — 2023

The claimant brought claims for unfair dismissal, notice pay, holiday pay and redundancy pay arising from employment as a Customer Assistant from 4 November 2016 to 15 June 2022. The respondent defended all claims. The tribunal recorded that sums had been paid by the respondent in respect of notice pay and holiday pay, but the claimant maintained those claims had not been fully paid and later provided calculations in a schedule of loss.

The tribunal found that the claimant had not complied with several case management directions, including disclosure, agreement of the bundle and exchange of witness statements. The respondent had chased compliance and applied for strike out or other orders. The claimant did not attend the preliminary hearing on 12 January 2024, and the tribunal found that notice of that hearing had been sent to the email address he had used throughout the proceedings.

The tribunal concluded that a fair hearing remained possible, but not on the dates then listed. It found that the respondent had been put to prejudice and disadvantage by having to chase compliance and attend the strike-out hearing, and that tribunal time and resources had been wasted. Taking all the circumstances into account, the tribunal held that it was in the interests of justice to strike out the claims and vacated the listed final hearing.