Miss Charles-Watson v Henry: 2303324/2020
JUDGMENT
[1]The claim has not been actively pursued and is struck-out pursuant to rule 37(d).REASONS
[1]The claim was presented in August 2020. Since that time the Claimant has not corresponded with the tribunal at all.[2]A case management hearing was fixed for 15 April 2021 by letter dated 7 October 2020. The Claimant did not attend that hearing or excuse her attendance. On the morning of the hearing the judge conducting it attempted to telephone the Claimant four times using the mobile number given in Form ET1. There was no answer.[3]Important case management orders were made at that hearing. The Claimant did not comply with them or explain the non-compliance. These orders included a requirement to provide further information. This was needed to prepare the matter for an Open Preliminary hearing.[4]As a result of the non-compliance the Open Preliminary could not proceed. Employment Judge Wright asked the Respondent to state what contact it had had with the Claimant and when. On 8 October 2021, the Respondent responded stating it had no contact with the Claimant save for one telephone call in around March 2021. It stated that the Claimant had subsequently ignored all correspondence.[5]By letter of 21 October 2021, Employment Judge Wright notified the Claimant that she was considering striking the claim out as it had not been actively pursued. She invited the Claimant’s response by not later than 28 October 2021.[6]The Claimant did not respond. The Respondent chased the matter on 26 November 2021 and copied in the Claimant. Case no. 2303324/2020[7]From the history above, it is obvious that the claim has not been actively pursued to date. It also seems to me that the Claimant has no intention of pursuing the claim henceforth. I think it would be unfair and prejudicial to the Respondent for this claim to continue in the circumstances. The tribunal’s resources are finite. Each time there is correspondence in the case it creates work for the administration team and usually work for a judge. If I do not strike the case out it will continue to add to the tribunal’s workload and take up time that could be spent on other cases that are being actively pursued.[8]In all the circumstances, the time has come to bring this claim to an end.