3303870/2023Struck out

London Borough of Brent

v Mr XY

3 June 2025·Employment Tribunal·England & Wales·Employment Judge Foxwell

Respondent

London Borough of Brent

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Decision date

3 June 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Foxwell

Case Summary

The claim was struck out as the claimant had not complied with case management orders and was not actively pursuing his claim.

Why this outcome?

Non-compliance with orders

The claimant failed to comply with case management orders and was not actively pursuing the claim.

Key Issues

  • non-compliance with case management orders
  • lack of active pursuit of claim

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Mr XY Respondent: London Borough of Brent Heard at: Watford Employment Tribunal On: 3 June 2025 Before: Regional Employment Judge Foxwell Appearances For the claimant: No appearance For the respondent: Ms Proteasa (Solicitor) JUDGMENT 1. The claim is struck out. 2. The hearing listed to commence on 16 June 2025 is vacated. REASONS 1. The claimant, Mr XY, presented claims of race discrimination, victimisation and breach of contract against the respondent, the London Borough of Brent, on 12 April 2023. The claim was defended and it came before Employment Judge Dick on 22 September 2022 for case management. Judge Dick made orders for the claimant to serve a schedule of loss and for the parties to disclose documents, agree a bundle (file of relevant documents for the Tribunal), and exchange witness statements (the case management orders). This preparatory work was to be done by 29 January 2024. Judge Dick also listed a final hearing with a time estimate of seven days commencing on 16 June 2025. 2. On 7 and 15 May 2025 the respondent applied for the claim to be struck out and the final hearing vacated on the basis that the claimant had not complied with the case management orders and was not actively pursuing his claim. Notice of a hearing to decide this application was sent to the parties on 21 May 2025 and a CVP link was sent to them by email on 2 June 2025. 3. The application has come before me today for hearing. The claimant has not attended nor contacted the tribunal to explain his non-attendance. The respondent has been represented by Ms Proteasa, the respondent’s in-house solicitor. I delayed the start time of the hearing in case the claimant was experiencing connection problems but considered it to be in the interests of justice to proceed in his absence given the imminent seven day final h

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