N Kausal nee Sharma v Teoxane UK Ltd: 1402810/2021
JUDGMENT
[1]The Claimant’s claim is struck out, as it is not being actively pursued.REASONS
[2]On 22 March 2022 the case was listed for a Final Hearing, to take place in person on 3, 4 and 5 April 2023. Parties were to attend by 9:30 on 3 April.[3]At 9:30, the Tribunal was informed that no parties had attended. Calls to the Claimant and the Respondent were made, but there was no reply from either.[4]At 10:00, the Tribunal was informed that the Respondent was in attendance. The Respondent had attended at 9:30 but had been directed to the wrong floor.[5]By 10:30, the Claimant had still not attended. A further telephone call was made to the Claimant but there was no answer. The Court ushers put out calls for the Claimant over the PA system, but there was no response.[6]The Tribunal called the case on at 10:40. The Respondent’s representative explained to the Tribunal that the last contact she had with the Claimant was an email exchange in the week prior to the Final Hearing. The Respondent’s representative had emailed the Claimant to introduce herself and explain she would be representing the Respondent Case No: 1402810/2021 at the Tribunal hearing. The Claimant had replied with words to the effect of “see you there”.[7]The Respondent made an application for the claim to be struck out, on the grounds that it was not being actively pursued by the Claimant, as demonstrated by the fact she had not attended.[8]The Tribunal is satisfied that the Claimant had knowledge of the Final Hearing. The Tribunal is also satisfied that all reasonable attempts to contact the Claimant and find out the reason for her absence had been exhausted.[9]The Tribunal is satisfied that the claim is not being actively pursued by the Claimant, given her non-attendance at the Final Hearing of her claim.[10]The claim is therefore struck out.