Mr M Malik v Mitie Ltd: 2206163/2020
JUDGMENT
This claim is struck out under rule 37 of the Procedure Rules, Schedule 1, as it has not been actively pursued.REASONS
[1]At a telephone hearing on 18 February 2021, when the Claimant did not appear, I made an Order in the following terms: “I am considering striking out this claim under rule 37(1)(d) of the Procedure Rules 2013 for failure by the Claimant actively to pursue it. If he wishes to give any reasons as to why the claim should not be struck out, he must set them out in writing and send them to the tribunal by 26 February 2021.”[2]I was told at that hearing that the Claimant had been sent correspondence by the Respondent requesting a response on 4, and 29 November 2020 and 11 February 2021. The Claimant never responded and the solicitors had no other email or letter from him on file.[3]The Claimant has not responded to the 18 February Order and the Respondent confirms it has heard nothing from him. I therefore strike out the claim as the Claimant has failed actively to pursue it.