Mrs E Holmes v Allied Healthcare Group Ltd and HCRG Support Services Ltd: 1302116/2019
JUDGMENT
The claim is struck out under 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]By a claim form received on 24 April 2019 the claimant brought a claim for unfair dismissal, redundancy pay, notice pay, holiday pay and failure to inform and consult on a TUPE transfer.[2]Following the submission of the respondent’s Response the Tribunal directed that the second respondent be joined into the proceedings.[3]By a Notice of Hearing dated 23 December 2021 the parties were informed that the claim was listed for hearing on 30 June 2022. At the same time case management orders were issued to the parties.[4]On 24 June 2022 the Tribunal wrote to the parties to ascertain whether the case was reading for hearing. At the same time the parties were requested to provide an electronic and physical bundle but no response was received from any of the parties. 1 of 2 Case Number:1302116/2019[5]None of the parties attended the hearing this morning. The clerk accordingly telephoned the parties. The first respondent’s representative was no longer with the business and the claimant indicated that she did not want go ahead with her claim. The claimant was asked to confirm her intentions in writing but indicated that she had emailed the Tribunal previously. However, the Tribunal has no record of any communication indicating that she did not wish to pursue her claim.