Children With Cancer UK Ltd and Mr G Murphy
Case Summary
The claimant's case was struck out under Employment Tribunal Rule 38(1)(d) due to continual failure to comply with case management orders and not actively pursuing the claim. The tribunal found it in the interests of justice to strike out the claim.
Key Issues
- •failure to comply with case management orders
- •claim not actively pursued
Claim Types
Decision Text
1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr H Bajwa First Respondent: Children With Cancer UK Limited, Second Respondent: Mr Gary Murphy JUDGMENT – STRIKE OUT 1. The claim (including complaints of unfair dismissal, race and age discrimination) is struck out under Employment Tribunal Rule 38(1)(d) because it has not been actively pursued. REASONS 2. On 14 October 2025 the Tribunal wrote to the Claimant as follows: For the reasons set out in the First Respondent’s correspondence of 26 September 2025 and taking into account paragraphs 22 – 38 of Employment Judge Isaacson’s Case Management Orders of 21 July 2025 under the headings “Case Summary” and “Background”, Employment Judge Woodhead is considering striking out the claim because it is not being actively pursued. The Claimant continually fails to comply with case management orders. If the Claimant wishes to object to this proposal, they should give their reasons in writing or request a hearing at which they can make them no later than 4pm on the fifth working day (21 October 2025) after the date on which this correspondence is sent to the Claimant by the Tribunal. 3. As at the date of this judgment the Tribunal has received no reply from the Claimant and on 19 November 2025 the First Respondent (in correspondence copied to the Claimant and Second Respondent) raised it for my urgent consideration (there being a preliminary hearing listed for 5 December 2025 “the Hearing”). 4. I have concluded that it is in the interests of justice to strike out the Claim because it has not been actively pursued. I have asked the Tribunal administration to vacate the Hearing and the final hearing listed for 2, 3, 4, 7 and 8 December 2026. 2 of 2 __________________________________ Employment Judge Woodhead 25 November 2025 Sent to the parties on: 26 November 2025 .....................................
Employer
Employment Details
- Industry
- Healthcare
Case Details
- Case Number
- 2201675/2024
- Decision Date
- 25/11/2025
- Published
- 02/01/2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Woodhead