Mr C Middleton v S Smith (Southern): 2201856/2023
JUDGMENT
[1]The Claimant’s unfair dismissal claim is struck out, pursuant to rule 37 of the Employment Tribunal Rules of Procedure 2013.REASONS
[1]By a letter dated 04/04/2023 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing, as to why the unfair dismissal claim should not be struck out because it had no reasonable prospect of success, because the Claimant did not have sufficient qualifying service to bring an unfair dismissal claim.[2]The Claimant has failed to make representations in writing why this should not be done, or to request a hearing. The claim is therefore struck out.[3]The Claimant’s other claims are not struck out, and separate case management orders have been issued in respect of those.[1]The claim is struck out. out under Rule 37 (1) (c) of the Employment Tribunals (Constitution& Rules of Procedure) Regulations 2013 for non-compliance with an Order of the Tribunal and/or (d) that it has not been actively pursued[2]The Claimant failed to attend a case management hearing on 6 July 2023. Employment Judge Varnam recorded at paragraph 41 of his case management order dated 12 July 2023 that he was satisfied that the Claimant had had notice of the case management preliminary hearing, but chose not to attend. This is not satisfactory.[3]In his case management order EJ Varnam ordered the Claimant to provide the Respondent with a Schedule of Loss by 16 August 2023, a list of relevant documents by 16 August 2023, and witness statements by 4 October 2023. The Claimant failed to do so.[4]In a letter dated the 10 October 2023 Employment Judge Adkin ordered the Claimant to provide by 16 October 2023 any comments on the Respondent’s application for strike out/deposit order dated 4 October 2023 and to provide an explanation why he had not complied with Tribunal Orders dated 12 July 2023.[5]On the 17 October 2023 Employment Judge Brown informed the Claimant that the claim may be struck out giving the Claimant 7 days to provide any objection to strike out or to request a hearing.[6]The Claimant has not provided any response in relation to the above strike out warning letters and therefore his claim is struck out under Rule 37 (1) (c) of the Employment Tribunals (Constitution& Rules of 6.2 Strike out Judgment – claim - rule 37 Case No: 2201856/2023 Procedure) Regulations 2013 for non-compliance with an Order of the Tribunal and/or (d) that it has not been actively pursued.[7]The hearing fixed for the 1 November 2023 has been vacated.[1]By a letter dated 17 October 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because• it had not been actively pursued; and• and the Claimant had failed to comply with Tribunal orders dated 12 July 2023 that he provide to the Respondent: o A Schedule of Loss by 16 August 2023; o A list of relevant documents by 16 August 2023; o A witness statement by 4 October 2023[2]The claimant has failed to make any representations in writing why this should not be done and he failed to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 1 November 2023 will not take place.