Mr N Henley v Windmill Property Services Ltd — 2022

The Tribunal struck out all of Mr N Henley's claims in case 3312896/2020, including his claims for notice pay, holiday pay, arrears of pay and any other payments said to be due in connection with his employment with Windmill Property Services Ltd. The strike-out was made under rule 37 after the Tribunal found that the claimant had failed to comply with the Tribunal's order of 9 May 2021 and had not provided the information and disclosure requested by the respondent in its letter of 15 April 2021.

The reasons record that the claimant was given repeated opportunities to respond. The Tribunal wrote to him on 1 November 2021 warning that the claim might be struck out, and when he said in an email of 2 November 2021 that he could not open attachments, the Tribunal re-sent the correspondence by first class post on 8 December 2021. No further representations were received. The Tribunal noted that the respondent still could not prepare its witness statement because the claimant had not supplied the requested list of documents or disclosure.

The Tribunal concluded that the claims had no reasonable prospect of success, that the manner in which the proceedings had been conducted by the claimant was unreasonable, that the claim had not been actively pursued, and that there was no indication it would be properly prepared for the final hearing listed for 11 March 2022. That hearing did not go ahead. The Tribunal also ordered the claimant to pay the respondent's costs in the sum of £250 inclusive of VAT, because of the unreasonable way in which he had conducted the proceedings.