C Bowditch v Rochester Health Club Ltd: 2301259/2022
JUDGMENT
[1]The claimant brought a claim for discrimination and unfair dismissal. The Respondent denied that they had discriminated against her and further said that no dismissal had taken place, the claimant still being on their books.[2]In a letter dated 8 August 2022, Employment Judge Tsamados directed the claimant to comment on the dismissal point within 14 days. She failed to do so.[3]A case management hearing was held on 15 March 2023 before Employment Judge Truscott KC. The claimant did not attend that hearing. An order was made for her to inform the Tribunal if she was pursuing her claim by 19 April 2023. She failed to do so.[4]By the time of this final hearing the claimant had not provided any evidence or communicated with the respondent or Tribunal. She did not attend. The clerk called her six times, leaving two voicemails and also sent an email.[5]The Tribunal determined that the claim was not being actively pursued and struck out the claim under rule 37(1)(d). © Crown Copyright 2023 1 of 2 Case Number: 2301259/2022[6]The claim is struck out under Rule 37(1)(d) of the Employment Tribunal Procedure Rules as the claimant is not actively pursuing the claim.