6011569/2025Struck out

RATP Dev London Utd

v Mr A Atuahene

23 February 2026·Employment Tribunal·England & Wales·Employment Judge Gumbiti-Zimuto

Respondent

RATP Dev London Utd

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Decision date

23 February 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Gumbiti-Zimuto

Case Summary

The claimant's claim was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for non-compliance with a tribunal order dated 14 September 2025. The tribunal gave the claimant written notice on 20 January 2026 with an opportunity to respond, but the claimant failed to do so. The tribunal found that striking out was appropriate given the claimant's failure to cooperate despite the respondent's engagement efforts.

Why this outcome?

Non-compliance with orders

The claim was struck out under Rule 38 because the claimant failed to comply with the Tribunal's Order dated 14 September 2025 and did not respond to the warning letter of 20 January 2026. The tribunal found that the claimant had failed to cooperate despite the respondent's attempts to engage.

Key Issues

  • Non-compliance with tribunal order dated 14 September 2025
  • Claimant's failure to cooperate with tribunal proceedings

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Mr A Atuahene Respondent: RATP Dev London Utd JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 20 January 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that  the claimant had not complied with the Order of the Tribunal dated 14 September 2025. 2. The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied. 3. I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is because the respondent has attempted to engage with the claimant however the claimant has failed to cooperate. In the circumstances, it is in accordance with the Overriding Objective for the claim to be struck out. 4. The claim is therefore struck out. 5. The hearing on 22 April 2026 will not take place. Approved by: Employment Judge Gumbiti-Zimuto 23 February 2026 JUDGMENT SENT TO THE PARTIES ON 17 April 2026 FOR THE TRIBUNAL OFFICE

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