September 26, 2018
Busy Courts and Tribunals do not wait on your convenience and a failure to engage in proceedings can result in your claim being struck out without a Hearing. Exactly that happened to one worker who chose to fight his employment case without the benefit of legal advice.
Following his dismissal, the man lodged numerous, unfocused, complaints with an Employment Tribunal (ET). He said that he had been deprived of sick pay, that he had overheard co-workers making racist and Islamophobic comments, and that management had failed to tackle such intolerant attitudes.
In a detailed response, his former employer denied those claims and said, amongst other things, that he had been dismissed following a fair and proper disciplinary process. After the man failed to attend a case management conference and only fittingly responded to requests for information, the ET struck out his claim on the basis that it was not being actively pursued.
In ruling on his challenge to that decision, the Employment Appeal Tribunal (EAT) emphasised that striking out a claim is a measure of last resort. In dismissing his appeal, however, the EAT noted his history of being selective about which case management directions and correspondence he responded to. He had exhibited to a complete lack of meaningful engagement in the progress of his claim and to allow it to proceed further would be unfair on the employer.
Khan v London Borough of Barnet. Case Number: UKEAT/0002/18