Mr P King v Mitie Ltd: 1805861/2020

EMPLOYMENT TRIBUNALS
Case No 1805861/2020
Mr P KingClaimantMitie LtdRespondent
Employment Judge Buckley’sDate 28 June 2021

JUDGMENT

[1]The claim is struck out.

REASONS

On 10 June 2021 the Respondent made an application for the claim to be struck out because the Claimant had not complied with EJ Buckley’s case management orders to disclose documents. When the Respondent had attempted to correspond with him about those orders, he responded in abusive terms, and demanded not to be contacted again. EJ Bright warned the Claimant that his claim might be struck out for non-compliance with the Tribunal’s order. She ordered him to write to the Tribunal by 25 June 2021 explaining why his claim should not be struck out or asking for a hearing at which to do so. The only response sent by the Claimant was an abusive response sent on 22 June 2021. It contained no substantive explanation for non-compliance with case management orders and no argument that the claim should not be struck out. In view of the Claimant’s abusive response EJ Shepherd asked him to confirm that he was withdrawing his claim. He responded with a further abusive email but did not confirm that he was withdrawing his claim. The Claimant has not sent any further response to EJ Bright’s order. In those circumstances, it appears that the Claimant has not complied with the Tribunal’s orders and has no intention of doing so. No explanation has been given and the Claimant has identified no reason why his claim should not be struck out. It is consistent with the overriding objective to strike it out in those circumstances. S-J Davies