Miss K Coles v Frys BBQ Ltd: 2304921/2021

EMPLOYMENT TRIBUNALS
Case No 2304921/2021
Miss K ColesClaimantFrys BBQ LimitedRespondent
Employment Judge BalogunDate 20 April 2023

JUDGMENT

The claim is struck out.

REASONS

[1]By a letter dated 7 December 2022, the Tribunal gave the claimant an opportunity to make representations by 16 December 2022 as to why the claim should not be struck out because:a. there has been non-compliance with the Order of the Tribunal dated 18.5.22, andb. the claim had not been actively pursued[2]On 31 January 2023, the claimant sent an email to the Tribunal with attachments which it was unable to open in the format sent. On the same day, the Tribunal asked the claimant to re-send the attachments as a word or pdf document in order for the Tribunal to be able to read them.[3]By letter dated 24 March 2023, the Tribunal gave the claimant an opportunity to make representations, by 7 April 2023 as to why her claim should not be struck out becausea. She had not responded to the Tribunal’s email of 31 January 2023b. The claim had not been actively pursued.[4]On 30 March 2023, the claimant sent an email to the Tribunal enclosing an attachment. On 3 April 2023, the Tribunal wrote to the claimant informing her that her email did not comply with the order of 18.5.22 or satisfy the requirements of the warning letter of 24 March 2023. The claimant was given until 10 April 2023 to provide the information or risk having her claim struck out.[5]There has been no further correspondence or contact from the claimant.[6]In the circumstances, the claim is struck out pursuant to Rule 37 of the Employment Tribunal Procedural Rule 2013.