Mr J Redman v Bradley Park Waste Management Ltd: 1801266/2023
JUDGMENT
The claims brought by the claimant are struck out.REASONS
[1]On 29 June 2023 the claimant failed to attend the final hearing of these claims. An order was made that unless the claimant provided a reason satisfactory to the tribunal for his failure to attend by 4:00 p.m. on 7 July 2023, consideration would be given to these claims being struck out on the basis that they are not being actively pursued.[2]The claimant has failed to make representations satisfactory to the tribunal as to why this should not be done.[3]The tribunal is satisfied that the claimant was aware that the hearing was listed to take place on 29 June. He telephoned the tribunal on 25 April 2023, when he was told by a member of the administrative staff that correspondence had been sent to him by email on 9 March which included notice of a hearing which was to take place on 29 June 2023. The claimant was asked to check his spam/junk mail folder and let the tribunal know if he could not find that email which he said he would do. He confirmed that the email address the tribunal had for him was correct. Nothing further was heard from the claimant.[4]The tribunal concludes that the notice of hearing was sent to the correct email address. If it was not received by the claimant, then he was aware from the aforementioned telephone call of the date of the final hearing and took no steps to contact the tribunal again for further information knowing that information had been sent to him.[5]Further, the claimant emailed the respondent on 26 June, in which correspondence he effectively reminded the respondent that the tribunal hearing was taking place on 29 June.[6]The notice of hearing refers to the hearing taking place by video and the claimant was sent a link to that video hearing in advance to the correct email address. 6.2 Strike out Judgment – claim - rule 37 Case No: 1801266/2023 This was the same email with the link sent to the respondent which had enabled the respondent to attend the hearing.[7]Clearly, the claimant was aware of the hearing. If he was unaware that it was to take place by video, then had he intended to participate in the hearing he would have arrived at the offices of the Leeds Employment Tribunal. Otherwise, how was he expecting that hearing possibly to take place?[8]When the claimant telephoned the tribunal clerk on the morning of 29 June, in response to a message left for him, he told her that he “knew nothing” about the hearing. Given not least his email sent to the respondent earlier in the week, that was untruthful.[9]The claimant has taken no steps during these proceedings to comply with any directions including in respect of the disclosure of documentation, provision of a schedule of loss or sending to the respondent his witness statement. The tribunal must conclude that the claimant had no intention of participating in these proceedings or was willfully ignoring them.