Mr M McGrattan v RESQ: 1805462/2022
JUDGMENT
The claim is struck out.REASONS
[1]On 14 December 2022 the Respondent made a request for further information about the Claimant’s complaints of harassment, his allegation of assault and his complaint of constructive dismissal. At a preliminary hearing on 21 December 2022 EJ Brain ordered the Claimant to provide a response to the request by 20 January 2023.[2]On 24 January 2023 the Respondent wrote to the Tribunal applying for an unless order on the basis that the Claimant had not provided the further information. The Respondent forwarded email correspondence showing that it had tried to help the Claimant to provide the information by sending him a helpful template to fill in.[3]The Tribunal did not make an unless order but on 6 February 2023 the Tribunal wrote to the Claimant telling him that he must provide the information to the Respondent and the Tribunal by 10 February 2023 and that if he did not, an Employment Judge would consider whether he should be warned that his claim might be struck out.[4]The Claimant did not respond. On 27 February 2023 the Tribunal wrote to the Claimant warning him that an Employment Judge was considering striking out his claim because he had not complied with the Tribunal’s orders. He was required to respond by 6 March 2023. He has not done so.[5]It appears to me that the Claimant has failed to comply with the Tribunal’s orders dated 21 December 2022 and 6 February 2023. He has not provided any explanation for that failure, has not requested a hearing and has not contacted the Tribunal at all. It is consistent with the overriding objective to Case Number: 1805462/2022 strike out his claim in those circumstances.[6]The hearing fixed for 19 June 2023 to 23 June 2023 will not take place.