C Roberts v J D Wetherspoons: 2301864/2022
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 18 July 2023 the Tribunal gave the claimant an opportunity to make representations as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 28, 29, 30 August 2024 will not take place. Employment Judge Rice-Birchall Date: 11 August 2023 Case No:2301864/2022 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: C Roberts Respondent: J D Wetherspoons COSTS ORDER The claimant is ordered to pay to the respondent the sum of £1250.[1]The claimant’s claim was struck out on 15 August 2023 as it was not actively pursued.[2]On 29 August 2023 the respondent made an application for costs in the sum of £1250, being the net amount of counsel’s fees incurred by the respondent for the preliminary hearing of 18 July 2023 which neither the claimant nor her representative attended without providing any reason for non-attendance.[3]Neither the claimant nor her representative has made representations in writing why such an order should not be made or requested a hearing despite the Tribunal providing the opportunity for them to do so.[4]The Tribunal finds that the claimant acted unreasonably in bringing the claim and causing the respondent unnecessary costs by failing to attend the preliminary hearing without reason.[5]The Tribunal has considered whether or not to exercise its discretion to make the award of costs requested by the respondent and considers that it should do so in circumstances in which the claimant has failed to make any representations or to provide any explanation for her non-attendance at the hearing and her failure to pursue the claims she brought against the respondent.[6]The Tribunal has been unable to consider the claimant’s means in making this order for costs as the claimant has failed to respond to any of the Tribunal’s correspondence. Case No:2301864/2022 6.2 Strike out Judgment – claim - rule 37 __