Miss S Jelly v Royal Mail Group Limited: 1406155/2019
JUDGMENT
The claim is struck out.REASONS
[1]The Judgment was given without a hearing.[2]On 23 January 2020, Employment Judge Harper MBE ordered that the Claimant must provide further and better particulars of her claim, as requested in the grounds of resistance, by 30 January 2020. The Claimant was also required to provide a disability impact statement and associated medical evidence by 6 March 2020.[3]On 21 February 2020, the Respondent e-mailed the Tribunal and stated that the Claimant had not provided her further and better particulars. It was also stated that the Respondent had chased the Claimant for a response on 31 January 2020 and received a reply on 12 February 2020 in which the Claimant said that she was waiting for a doctor’s appointment. The Respondent said it replied on 17 February 2020 and said that it was the further details regarding the claim that were requested. The Respondent had not received a response from the Claimant by 21 February 2020 and requested that the claim was struck out.[4]On 29 February 2020, Employment Judge Bax ordered that the Claimant responded to the Respondent’s application by 9 March 2020. The Claimant was reminded that she needed to provide further and better particulars of her claim, including what was required, and information as to disability.[5]On 5 March 2020, the Claimant e-mailed the Tribunal and said that she only had one letter and had not been able to get an appointment with her GP and attached a single page from her medical records.[6]On 10 March 2020, the Respondent wrote to the Tribunal and stated that the Claimant had failed to provide the further and better particulars, disability impact statement or medical records. The Respondent requested an order that unless the Claimant provided the information the claim would be struck out or alternatively that the application dated 21 February 2020 was considered.[7]On 12 March 2020, Employment Judge Livesey directed that the Claimant’s e-mail dated 5 March 2020 was sent to the Respondent. The Claimant was ordered to provide her further and better particulars and impact statement to the Respondent by 19 March 2020 or risk her claim being struck out for noncompliance. The Tribunal did not receive a response from the Claimant.[8]On 20 March 2020, the Respondent wrote to the Tribunal and stated that the Claimant had not complied with the order of Employment Judge Livesey.[9]By a letter dated 25 March 2020, the Tribunal notified the Claimant that Employment Judge Harper MBE had considered the Respondent’s application and was considering striking out the claim because the Claimant had not complied with the order of 23 January 2020 and the claim was not being actively pursued. The Claimant was informed that if she wished to object to the proposal, she should give her reasons in writing or request a hearing by 1 April 2020. The Claimant failed to make representations in writing, or failed to make any sufficient representations, why this should not be done or to request a hearing.[10]The Claimant was twice reminded by the Respondent in February 2020 that she had to provide the further and better particulars, following the original order made on 23 January 2020. The Tribunal gave the Claimant two further opportunities to provide the required information before Employment Judge Harper MBE, on 25 March 2020, directed that consideration was being given to striking out the claim. The Claimant has persistently failed to respond to correspondence from the Tribunal. It was concluded that she was not actively pursuing his claim and has failed to comply with Orders from the Tribunal. Therefore, the claim was struck out.