Mr P Panesar v London North Eastern Railway Ltd: 2204981/2023
JUDGMENT
[1]The claim is struck out under Rules 37 (1) (c) and (d) of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 (the Rules) for non-compliance with an Order of the Tribunal and/or that it has not been actively pursued.REASONS
[2]The Claimant failed, without explanation, to attend a case management hearing on 5 December 2023. Employment Judge Green issued a strike out warning letter requiring the Claimant to write to the Tribunal and state whether he intends to pursue the claim by 19 December 2023. The Claimant failed to provide a response to the strike out warning letter and therefore his claim is struck out under Rule 37 (1) (c) for non-compliance with an Order of the Tribunal.[3]Further, since the ET1 was presented on 8 April 2023 the Claimant has not actively pursued the claim and has not responded to correspondence. It is therefore apparent that the claim is not being actively pursued and it is in the alternative struck out under Rule 37(1) (d) in that it is not being actively pursued.