Mr D Taheri v Thoranmart Ltd: 1400729/2019 and 1406391/2019
JUDGMENT
The case is struck out under rule 37(1)(a), and is at an end.REASONS
[1]These two complaints were presented in March and December 2019. They have been combined and have not yet been heard.[2]By an Order sealed on 25 February 2022 the Employment Appeal Tribunal (“EAT”) made a Restriction of Proceedings Order in relation to the claimant. Paragraph (2) of that Order provided that any proceedings instituted by the claimant in any Employment Tribunal before the Order was were not to be continued by him without the permission of the EAT.[3]By a letter of 3 March 2022 the claimant was informed that these proceedings were stayed to enable him to make an application for permission to continue with the case. The claimant was warned that if permission to proceed was refused by the EAT, the case would be struck out because it could not be pursued any further.[4]By an Order sealed on 6 October 2022 the EAT refused him permission to proceed and confirmed that the claimant could not continue these claims.[5]On 17 October 2022 the Tribunal wrote to the claimant informing him that I was proposing to strike out these cases in view of that Order.[6]The claimant objected by email the same day. He made two points. The first was that the previous Regional Employment Judge refused an application by the respondent to strike out his claim. That is wholly irrelevant. The second was that the decision of the EAT was wrong in principle and a violation of his rights under article 6 of the European Convention on Human Rights. That Article protects the right to a fair hearing. However, whatever the claimant’s views of the EAT Order, it is binding upon him and therefore he is not permitted to continue with this case. Case Nos. 1400729/2019 1406391/2019[7]This case cannot be pursued any further by the claimant. It has no prospect of success, let alone any reasonable prospect, and it is therefore struck out.