Ms B Rokhlin v Pattern Coffee: 2206678/2017
JUDGMENT
The claims are dismissed under rule 37(1)(d) because not actively pursued.REASONS
[1]The claimant presented a claim to the employment tribunal on 1 August 2017 for her wages for the month of March 2017, and up to 5 April2017 when she left, for holiday pay, and for failing to give work breaks under the Working Time Regulations.[2]On 24 August 2017, both parties were sent a notice of hearing for today, and the respondent was asked to respond to the claim.[3]The respondent did not respond. On 26 September 2016 the respondent was sent a chasing letter, to reply by 3 October, but has not replied.[4]The Regional Employment Judge considered the file and decided that the nature of the claims that default judgement is not appropriate and that it should proceed to hearing on 19 October.[5]Today neither party attended. A building search was conducted to check the claimant was not here. There is no message recorded from either of them. ACAS has not reported a settlement.[6]In the absence of explanation I conclude that the claim is not actively pursued and should be dismissed under rule 37. If there has been some mishap, the claimant can apply for reconsideration and is referred to the information sent to her with this decision on how to do that. 10.7 Judgment with reasons – rule 62 Case No: 2206678/2017