Mr A Taylor v Alpha General Plastics Limited — 2024

The tribunal struck out Mr A Taylor's claims of unfair dismissal and failure to make a payment in lieu of notice under rule 37 of the Employment Tribunals Rules of Procedure 2013. The strike-out was made on the grounds of non-compliance with the tribunal's order dated 20 February 2024 and because the claim had not been actively pursued within rule 37(1)(c) and rule 37(1)(d).

The tribunal recorded that it had asked the claimant on 23 January 2024 to provide his availability for a hearing in April or May 2024, but he did not reply. On 20 February 2024 the tribunal issued orders requiring, among other things, a written statement of loss with supporting documents within 14 days. It later sent a notice of final hearing for 29 and 30 April 2024, but those dates were unsuitable for the respondent and the hearing was postponed and relisted for 7 and 8 May 2024 after the respondent applied for postponement. The claimant was invited to comment on that application but did not do so.

On 24 April 2024 the tribunal again asked the claimant to provide a schedule of loss in compliance with the order of 20 February 2024, and he did not respond. At the final hearing on 7 May 2024 the respondent appeared ready to proceed, but there was no appearance by or for the claimant. The claimant later said he was unaware of the final hearing and had no notice of it, but he confirmed that the email address used was the one given in his claim form and the tribunal noted that its emails had not been returned as undelivered.

The tribunal then gave the claimant an opportunity to provide written reasons why the claims should not be struck out, or to request a hearing on that issue, by 29 May 2024. He did not provide an acceptable reason or request a hearing. The tribunal therefore made the strike-out order and no remedy was awarded.