Mr H Cuthbertson v Teleperformance Ltd: 1402825/2021
JUDGMENT
[1]Pursuant to the Unless Order issued by EJ Livesey on 16 June 2022 and upon the Claimant failing to comply with that Order, all Claims of Disability Discrimination are dismissed.[2]Unless the Claimant communicates with the Tribunal by no later than 4 pm on 22 July 2022 and confirms that he still wishes to pursue his remaining claims of unfair dismissal, unlawful deductions, wrongful dismissal and unpaid holiday pay, those claims will be struck out on account of the Claimant not actively pursuing his claims.[3]Both parties are to communicate with the Tribunal by no later than 22 July 2022 explaining why they did not attend the hearing listed for today.REASONS
[1]This matter was listed today for a Telephone Case Management Preliminary Hearing to check that the directions made by EJ Richardson on 9 February 2022 had been complied with.[2]Since that hearing nothing has been heard from the Claimant who has failed to comply with any of the directions. In particular the Claimant has failed to provide a disability impact statement or any medical evidence to assist with the issue of his disability status.[3]Following an application EJ Livesey made an unless order and that was complied with before the 30 June or indeed at all and this Orde confirms that the disability claim has now been struck out pursuant to Rule 38(1) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013.[4]Neither party attended the hearing today despite having notice of it. I am concerned by the Claimant’s silence since the last hearing that he is not actively pursuing his claim and have made an unless order in that regard.[5]The Respondent did not attend today but have been active recently with applications and accordingly I have sought their reason for not attending today[1]By a letter dated 14th of July 2022 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• 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.[3]The hearing fixed for the 6th of March 2023 will not take place.