Ms L McLorren and others v Catering Academy UK Ltd: 2301151/2014 and others
JUDGMENT
The Judgment of the Tribunal is that the Claimants claims are dismissed as they have not been actively pursued.REASONS
[1]This hearing was listed to consider the Respondent’s application to strike the Claimants claims out because they have not been actively pursued. Notice of the hearing was sent to all three Claimants on 22 May, 2017, stating that the purpose of the hearing was “to consider the application by the Respondent to strike out the claims”.[2]The Claimants had not arrived by 10:10 and the Employment Judge instructed the clerk to check the email inbox and with security. No emails had been received from the Claimants and the Claimants had not signed in. The Employment Judge checked the case file and noted that there had been no correspondence from Claimants since 8 April, 2017. The Respondent confirmed that that was also the last communication that they had had with the Claimants.[3]The Tribunal noted history of this matter and the fact that it had been listed for a seven-day hearing April 2017 which was postponed as the parties were not ready. Case No: 2301151/14 2301207/14 2301208/14[4]In coming to its decision, the Tribunal considered the history of the litigation. Whilst it is clear the Respondent did not adhere to the time limits imposed by the order made by Employment Judge Baron on 15 August, 2016, it is also clear that the Claimants have taken no steps to progress the claim in a timely manner.[5]Given the nature of this hearing, that the purpose had clearly been set out and the lack of any communication from any of the three Claimants, the Tribunal’s decision is that the Claimants are not actively pursuing their claims, causing delays thus giving rise to a substantial risk that a fair hearing is impossible and will cause serious prejudice to the Respondent bearing in mind that the claims are presented in November 2013.[6]Accordingly, the Claimant’s claims are struck out.