Mr U Hussain v Almagir: 1307927/2023

EMPLOYMENT TRIBUNALS
Case No 1307927/2023
Mr U HussainClaimantAlmagirRespondent
Employment Judge Maxwell DateDate 8 January 2024

JUDGMENT

The Claimant’s claims are struck out: (a) under rule 37(1)(d) because they have not been actively pursued.

REASONS

[1]The Claimant presented his claim without an ACAS EC number.[2]By a letter of 21 November 2023, written on the instruction of Legal Officer Singh, the Claimant was required to submit proof his employer had been in touch with ACAS, preferably providing a copy of the certificate.[3]The Claimant replied to this letter by email stating his employer had been in touch with ACAS but providing nothing to substantiate this. An email of 22 November 2023 was sent by the Tribunal reiterating the Claimant had been required to “provide proof”.[4]A letter of 30 November 2023, written on the instruction of Legal Officer Metcalf, required the Claimant to provide a copy of the ACAS certificate by 7 December 2023. The Claimant did not reply.[5]A letter of 20 December 2023, written on the instruction of Legal Officer Parmar said that consideration would be given to striking out the claim because the Claimant had not replied to the correspondence of 22 and 30 November 2023 and also because he was not actively pursuing the claim. The Claimant was given until 27 December 2023 to object to this proposal.[6]The Claimant did not respond and is not actively pursuing his claim. Case Number: 1307927/2023 EJ Maxwell Date: 08 January 2024