Mr C Honour v Shire Oak International Ltd: 1402387/2022
JUDGMENT
The response to both claims is struck out.REASONS
[1]By case management orders dated 1 March 2023 (paragraph 3) the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the responses should not be struck out because:1.1 The Respondent has not attended the case management hearing of 1 March 2023 or given any reason for their non attendance;1.2 The Respondent has not complied with the Orders of:1.2.1 Judge S Moore of 19 January 2023; or1.2.2 Regional Judge S Davies of 8 February 2023; and1.3 it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Brace Date 31 March 2023[4]Enquiries were made of Mr Honour (1601270/2022) who was present and whose claim was consolidated with that of Mr Bui An, as to Mr Bui An’s intentions to attend. He confirmed that Mr Bui An was aware of the hearing and was not attending but believed that Mr Bui An would be writing to the Tribunal to explain his absence. Case No 1601270/2022[5]No explanation had been received by the Tribunal by the commencement of the hearing and accordingly a decision was made to dismiss the claim. Employment Judge BRACE Date- 10 July 2023[1]By a letter dated 10 July 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Breach of contract should not be struck out because it• the claimant had not complied with the Order of the Tribunal dated 10 July 2023.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Breach of contract is therefore struck out.[3]The claimant’s remaining claim(s) remains active. _____________________________ Employment Judge Sharp[1]By a letter dated 02 October 2023 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 10 July 2023.• it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.