Mr S King v Highland Council: 113731/2011
JUDGMENT
The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d).REASONS
[1]On 25 August 2020 the Tribunal gave the claimant an opportunity to give written reasons by 01 September 2020 or to request a hearing in order to consider why the claim should not be struck out.[2]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.[1]I issued a judgment on 2 September 2020 striking out this claim on the basis that the claim was not being actively pursued in terms of rule 37(1)(d). Following this on 15 September 2020 the claimant’s representatives wrote to the Tribunal seeking reconsideration of the claim. They narrated a history whereby the claimant had moved address and whilst he had informed the claimant’s representative and his details had been updated in one of their databases the address had not been updated E.T. Z4 (WR) in the other database which the claimant’s representatives used. As a result of this correspondence from the claimant’s representatives had gone to the wrong address and had been unanswered.[2]I indicated to the parties that I did not reject the application on initial consideration and invited written submissions. On 16 September 2020 the respondent wrote to the Tribunal confirming they did not object to the application.[3]In all the circumstances I consider that it is in the interests of justice that the decision to revoke the judgment should itself be revoked. The claim shall now proceed as accords.