Mrs L Mercer v Nuffield Health Tunbridge Wells Hospital: 2306879/2023
JUDGMENT
The Claimant’s claim is struck out.REASONS
[1]On 2nd May 2024, the Tribunal made specific Orders for the parties to comply with and the Claimant failed to comply with them.[2]On 20th June 2024, the Tribunal made specific Orders for the parties to comply with and were warned that if they failed to comply with the Orders, their claim/response could be struck-out without further notice. The Claimant failed to comply.[3]On 13th August 2024, the Respondent wrote to the Claimant querying why she had not complied with the Orders made on 20th June 2024 and stated that as it had not heard from the Claimant regarding the claim, a strike out application would be made if the Claimant did not comply with the aforementioned Orders or engage in the process.[4]On 21st August 2021 the Respondent applied for he claim to be struck out as the Claimant had not complied with Tribunal Orders nor had she pursued her claim.[5]The Tribunal issued the Claimant with a strike out warning on 9th October 2024 asking her to provide reasons why her claim should not be struck out or request a Hearing to this effect.[6]On 18th October 2024, the Claimant wrote to the Tribunal stating that she did not wish to ‘face Nuffield members in court.’ Case No: 2306879/2023[7]Therefore, the Claimant’s claims are struck out under Rule 37(1)(c) and (d) of The Employment Tribunals Rules of Procedure 2013 (as amended) because the Claimant has:(i) Failed to comply with an instruction or Order of the Tribunal.(ii) failed to actively pursue her claim.[8]The Final Hearing listed for 23rd to 24th October 2024, is vacated.