Mr A Dumitru v Unique Mark Ltd: 1305291/2021
REASONS
[1]By a letter dated 28/04/2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 04/02/2022.[2]The claimant has failed to respond to that letter and has not made any representations as to why his claim should not be struck out.[3]The claimant failed to attend the hearing listed for 10 am today 09/03/2022. I delayed the start of the hearing to allow the clerk to try to contact the claimant. The claimant was sent a link to the hearing by email reminding him the hearing was due to start. The clerk also attempted to call the claimant twice. There was however no response. After these attempts, I started the hearing at 10.15.[4]The respondent attended the hearing and confirmed that no schedule of loss or witness statement had been received from the claimant in compliance with the Tribunal Order.[5]In the circumstances I conclude it is appropriate to strike out the claimant’s claim on the basis that he has not complied with the Order of the Tribunal as at paragraph 1 above and also on the basis that the claim has not been actively pursued.[6]The claim is therefore struck out in accordance with Rule 37(1) (c) 6.2 Strike out Judgment – claim - rule 37 Case No:1305291/2021 and (d) of the Employment Tribunal Rules of Procedure.