M McGirr

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 17th September 2025 requiring provision of a Schedule of Loss by 15th October 2025, and for failure to actively pursue the claim. The claimant failed to respond to strike-out warning letters dated 26th February and 3rd March 2026.

The claim was struck out because the claimant failed to comply with the Tribunal's Order to provide a Schedule of Loss by 15th October 2025 and had not actively pursued the claim, and the claimant did not respond to the strike-out warning letters providing an opportunity to explain why the claim should not be struck out.

• •Non-compliance with Tribunal Order to provide Schedule of Loss
• •Claim not actively pursued

EMPLOYMENT TRIBUNALS Claimant: Richard Cousins Respondent: Michael McGirr JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 26 th February 2026 and 3 rd March 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 17th September 2025 to provide a Schedule of Loss by no later than 15th October 2025; • the claim had not been actively pursued 2. The letter gave the claimant an opportunity to explain why the claim should not be struck out. 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 claimant has not replied to the strike out warning dated 26 th February 2026 and 3 rd March 2026. 4. The claim is therefore struck out. Approved by: Employment Judge Flood 23 rd March 2026