Mrs Jowita Malecka v Hamble Catering Ltd — 2026

The Tribunal struck out Hamble Catering Ltd's response to Mrs Jowita Malecka's claim on 7 September 2026. It found that the respondent had failed to comply with case management orders and had not actively pursued its response. A letter dated 26 August 2026 required the respondent to serve witness statements by 31 August 2026 and warned that failure would prevent it from calling evidence without exceptional permission from the trial judge. No witness statement was served by the deadline.

Mr Ian Westwood reported that the company had been in liquidation since 16 July 2026 and that he could no longer legally act or comment as its director. The Tribunal held that voluntary liquidation did not prevent compliance with case management orders, including an order to provide a witness statement. A further warning sent on 3 September invited objections to striking out the response, or a request for a hearing, by 4 pm on 5 September. No reply was received, and nobody attended for the respondent at the hearing on 7 September.

The Tribunal applied Rule 38 and the overriding objective in Rule 3. It considered the effect of the failures on the fairness of proceedings, citing Forrest on the importance of a warning before strike-out and De Keyser on deliberate failure to obey tribunal orders. It found that orders had been deliberately ignored and that the continued noncompliance justified striking out the response. The respondent remained entitled to notice of hearings and decisions, but could participate in hearings only to the extent permitted by the Employment Judge. This judgment did not determine the substantive claims or record a monetary award.