Mr M Annoh v Ladbrokes Betting and Gaming Ltd: 2303711/2022
JUDGMENT
The claim is struck out pursuant to Rule 37(c) Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1.REASONS
[1]At a preliminary hearing on 20/11/2023, the Tribunal sought to clarify the claimant’s complaints of unfair dismissal and disability discrimination. The claimant was ordered to write to the Tribunal by 15/12/2023 to provide further information about his complaint of disability discrimination and to provide particulars of the “other sums” he sought (case management orders at paragraphs 6 and 7).[2]The claimant sent correspondence to the Tribunal on 22/11/2023 but did not provide the ordered information on this date or any other date up to and including 03/06/2024.[3]A second preliminary hearing was originally listed for 30/01/2024 but did not go ahead. The respondent applied for the hearing to be relisted and informed the Tribunal that the claimant had not complied with the case management orders of the Tribunal at paragraph 6 and 7 of the 20/11/2023 order. The claimant was copied in to this correspondence.[4]By a letter dated 15/04/2024 the Tribunal told the claimant that the Tribunal were considering striking out the claim for the failure to comply with the Tribunal’s Orders dated 20/11/2023. The matter was set down for a hearing at 10am on 03/06/2024.[5]The claimant did not attend the hearing fixed for 03/06/2024. The respondent did attend. Several attempts were made to contact the claimant by telephone at both numbers provided within his ET1 but he was not reachable. One number was disconnected and the other had a voicemail service. Voicemails were left to confirm that the hearing was proceeding and to provide a telephone number for him to contact the Tribunal. The claimant was asked to contact the Tribunal by 11am. An email was sent to the claimant reminding him about the hearing, the CVP contact details, the Tribunal phone number and resending the notice of hearing and accompanying letter.[6]The claimant was given time to contact the Tribunal in response to the voice messages and email but failed to do so.[7]The Tribunal do not have any record of the claimant attempting to comply with the orders of 20/11/2023 or any explanation as to why he has not done so. The Tribunal do not have any record of why the claimant did not attend the hearing on 03/06/2024.[8]The respondent’s representative confirmed at the hearing on 03/06/2024 that they had not received any contact with the claimant by email or telephone in preparation for either the January hearing or today’s hearing. Mr English provided dates of 7 emails which he or his colleagues had sent to the claimant to discuss the case or the preliminary hearings but the claimant had not replied. They had not received bounce backs from the emails sent which suggests that the claimant’s email address was correct. The subject of their email of 31/05/2024 had included the words “Urgent” and the date of the 03/06/2024 preliminary hearing. Mr English also confirmed that the claimant had not contacted the respondent directly to discuss the case.[9]The claimant has failed to comply with the Tribunal orders and has not given any explanation for his failure. He has had a reasonable opportunity to make representations in writing or at a hearing. The claim is therefore struck out.[10]The hearing fixed for 08/10/24-11/10/2024 will not take place.