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Taylor v HP Enterprise Services UK Ltd - Strike out for failure to progress claim [2011] EAT

Strike-out is appropriate where a claimant has simply not progressed a case whereby a fair trial is no longer possible; this is a different situation to one where a claimant has already won his case and is delaying preparation for a remedy hearing, where an unless-order is more appropriate than an immediate strike out.

Mr Taylor was made redundant in 2005, and commenced employment tribunal proceedings for unfair dismissal, and race and disability discrimination. However, despite numerous case management discussions the matter failed to move forward: Mr Taylor's claim remained unparticularised, he offered no witness statement, and did not deal with documents. Many of his claims were old and relevant witnesses and long since left HP.

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