M Robison Mr A Wallace v Not present New Gorbals Housing Association Limited — 2025

The claimant presented claims on 23 December 2024 for unfair dismissal, redundancy pay, notice pay, holiday pay and arrears of pay. By notice and order dated 28 January 2025, the tribunal indicated that the unfair dismissal and redundancy payment complaints would be dismissed unless written representations were received, because the claimant did not have the requisite two years' service. No response was received, and those claims were confirmed dismissed as at 11 February 2025.

The tribunal then managed the remaining claims by asking the claimant to clarify whether holiday pay was still sought and to specify what sums were claimed for arrears of pay and notice pay. The claimant said no holiday pay was due, later stated he was only looking for notice pay and unfair dismissal, and later said he wanted 4 weeks' sick days, 4 weeks' notice pay and 4 weeks for unfair dismissal. He repeatedly failed to provide the ordered calculations, documents and schedule of loss, and did not respond to the tribunal's reminders and warnings.

On the day of the final hearing the claimant did not attend. He told the clerk he had forgotten about the hearing, was outside and could not connect by video, and said he would be happy taking a week's wage and calling it a day. The tribunal found that the claim had not been actively pursued for the purposes of rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 and exercised its discretion to strike out the outstanding claim, taking account of the repeated failures to comply, the lack of engagement after 20 April 2025, and the failure to attend the hearing.