Miss E Mallinson v Art1 Services Ltd T/a Manor Farm Residential Home: 1403870/2020
JUDGMENT
The claim is struck out.REASONS
[1]On 7 December 2020, Employment Judge Midgley ordered the Claimant to provide a statement to the Respondent setting out details of her alleged disability, together with any existing medical evidence, by 18 January 2021.[2]On 26 January 2021, the Respondent applied to strike out the claim on the basis that the Claimant had not complied with the order, despite several attempts to remind the Claimant that she should comply and that she did not appear to be actively pursuing the claim.[3]On 11 February 2021, Employment Judge Cadney ordered that the Claimant provided a response to the application by 18 February 2021. No such response was received.[4]By a letter dated 12 March 2021 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.[5]The Respondent, by an e-mail dated 22 March 2021 informed the Tribunal that it had informed the Claimant about the strike out warning by an e-mail dated 12 March 2021 and also attached a confirmation of delivery receipt.[6]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.[7]The hearing fixed for 28 April 2021 will not take place.