Neil Payumo v VPS PVT Limited — 2026

The tribunal struck out the claim. The judgment records that the claim had been listed for a final hearing on 27 September 2024, but neither party attended. The judge then wrote to the parties seeking an explanation for their non-attendance, and there was no record that either party replied.

The tribunal also recorded that there was no record of either party later contacting the tribunal to enquire about progress of the claim. On the facts before Regional Employment Judge Clark, the claim had not been actively pursued and there had been a breach of a tribunal order. The judge noted that this may or may not have been because the respondent was showing on the public register as being in creditors' voluntary liquidation.

Because of the extreme delay without any contact from the claimant, the tribunal did not consider that a strike-out warning was required. It found that it was proportionate to move directly to strike out, and struck out the claim under rule 38 of the Employment Tribunal Procedure Rules 2024. No remedy was awarded.