Mr D Dewey v G4S Cash Solutions (UK) Ltd: 1400779/2021
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 11 April 2024 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: i. The claimant had not complied with the Order of the Tribunal dated 4 March 2023. ii. The claim has not been actively pursued.[2]The order of 4 March 2024 was made in response to an earlier strikeout application made by the respondent. Although the claim was presented in 2021, the claimant had still failed to comply with obligations relating to disclosure or the exchange of witness statements.[3]At that time, Employment Judge Bax took the view that strikeout was be overly draconian. Accordingly, because the case was listed for two days commencing 24 April 2024 and extension was given for the exchange of witness statements until 8 April 2024.[4]Despite the extension the claimant still failed to comply with the relevant Orders. Therefore, the respondent repeated its request for strike out on 8 April 2024. The respondent pointed out that the parties were originally required to disclose documents by 9 January 2024. However, despite multiple chasers from the respondents, the claimant still did not reply and had not provided his statement.[5]The claimant responded to the strikeout warning on 14 April 2024 saying an out of court settlement was in progress. However, no indication was given as to when the directions might be complied with. The claimant did not request a hearing to consider the strikeout application. The respondent later repeated its strikeout request and also wrote on 23 April 2024 explaining that settlement negotiations were in fact not in progress. Directions has still not been complied with.[6]The claimant has failed to make sufficient representations in writing as to why the claimant should not be struck out. The claim is therefore struck out.