Mrs S Bedford v Cambian Childcare Ltd: 1803179/2023
JUDGMENT
The claimant’s complaint of unlawful disability discrimination is struck out.REASONS
[1]By a letter dated 23 February 2024, the Tribunal gave the claimant an opportunity to make representations or to request a hearing as to why the complaint of disability discrimination should not be struck out because(1) the claimant had not complied with paragraphs 8 and 9 of the Tribunal’s case management orders dated 9 November 2023; and/or(2) the claim had not been actively pursued.[2]The claimant has failed to respond to the Tribunal’s letter or to make representations in writing. She has failed to comply with case management orders made by the Tribunal in November 2023 as to matters essential to her complaint of unlawful disability discrimination. She has not asked for an extension of time to comply or explained why she cannot comply.[3]It is not in the interests of justice for the claim to continue when the claimant is in breach of case management orders and has given no indication that she will comply. The claimant’s complaint of unlawful disability discrimination is therefore struck out.[4]The claimant’s remaining complaints of breach of contract and unauthorised deduction of wages remain listed for hearing on 29 May 2024, but with a reduced time of two hours allowed for the hearing. Regional Employment Judge Robertson 11 March 2024 Case Number: 1803179/2023 EMPLOYMENT TRIBUNALS Claimant: Mrs S Bedford Respondent: Cambian Childcare Limited[1]By a letter dated 24 May 2024, the Tribunal gave the claimant an opportunity to make representations as to why the complaints above should not be struck out because(1) the claimant had not complied with paragraphs 12 and 22 of the Tribunal’s case management orders dated 9 November 2023; and/or(2) the claim had not been actively pursued.[2]The claimant has failed to respond to the Tribunal’s letter or to make representations in writing. She has failed to comply with case management orders made by the Tribunal in November 2023 as to matters essential to her complaints of breach of contract/unlawful deductions from wages. She has not asked for an extension of time to comply or explained why she cannot comply.[3]It is not in the interests of justice for the claim to continue when the claimant is in breach of case management orders and has given no indication that she will comply. The claimant’s complaints of unlawful deductions from wages and breach of contract are therefore struck out. The hearing listed on 29 May 2024 is cancelled.