Tracy Jane Parker v 1st Choice Windows NE Limited (in voluntary liquidation) — 2025

Tracy Jane Parker was employed by the respondent as a director from 1 June 2020 until 1 December 2022. Early conciliation ran from 10 December 2024 to 16 December 2024, and the claim form was presented on 19 December 2024. The form only identified a request for redundancy and holiday pay of £1,700, and there was also an unspecified notice pay claim. The respondent did not file a defence, but the tribunal recorded that the claims appeared to be well outside the relevant statutory time limits.

The tribunal had already asked the claimant for basic information to help calculate the sums claimed, but she did not reply. When the matter was first listed for a full merits hearing on 17 March 2025, the claimant did not attend; after being telephoned, she said she was unaware of the hearing. Judge Heather then postponed the hearing and directed her to provide information, including a witness statement addressing limitation issues. She did not comply with those directions, and she also did not attend the hearing on 13 May 2025. On that date she told the tribunal clerk by phone that she was unable to complete the paperwork because of mental health problems, which had not previously been raised.

Employment Judge Serr struck out the claims in their entirety under Employment Tribunal Rule 38(1)(a) to (d): no reasonable prospect of success, unreasonable conduct of the proceedings, non-compliance with tribunal orders, and failure actively to pursue the case. The judgment said the claimant had brought the claims two years after dismissal without explanation, had failed to engage with the tribunal's orders, and had already caused two hearings to be ineffective. The tribunal relied on the overriding objective and Leeks v UCU NHS Foundation Trust (2024) IRLR 866 paragraphs 19 to 29 in concluding that strike-out was proportionate.