Mr G Pellegrini v Cover Genuis Ltd: 2205137/2023 and 2216105/2023
JUDGMENT
Both claims are struck out.REASONS
[1]By a letter dated 14 February 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claims should not be struck out because 2216105/2023:• The tribunal has no jurisdiction to consider the claim as the allegations fall outside of the jurisdiction of the employment tribunal. 2205137/2023:• it has no reasonable prospect of success.• the manner in which the proceedings have been conducted by the claimant has been unreasonable;• the claimant had not complied with the Order of the Tribunal sent to him on 8 December 2023.• it has not been actively pursued.[2]The claimant has failed to make representations in writing and failed to attend the cvp hearing on 22 February 2024. I note that he was given notice of this hearing on three occasions. 6.2 Strike out Judgment – claim - rule 37 Case No: 2205137/2023 & 2216105/2023[3]I note also that the claimant has written abusive, unpleasant and aggressive emails to the respondent’s representative. While I did not hear the reasons why these emails had been sent, I accepted the respondent’s argument that this has been part of a course of conduct of vexatious behaviour towards the respondent since the claimant was dismissed – I saw documents evidencing him sending negative emails to the respondent’s new hires, an email to a large number of the respondent’s employees threatening legal action and “bad publicity”, a request for money or he would take his allegations to customers.[4]As just one example of his emails to the respondent’s representative “… chop chop bitch…”[5]The claimant did not provide information requested by the tribunal to be given by 22 December 2023, in fact he says he is not prepared to provide it (see the Tribunal’s letter dated 14 February 2024). At this time the claimant was prepared to write unpleasant emails to the respondent’s representative The claim is therefore struck out.