Mr D Taheri v Healden Grove Ltd: 2400927/2022
JUDGMENT
The case is struck out under rule 37(1)(a) and is at an end.REASONS
[1]This claim was presented on 11 February 2022. It has not yet been heard.[2]By an Order sealed on 25 February 2022 the Employment Appeal Tribunal (“EAT”) made a Restriction of Proceedings Order in relation to the claimant. Paragraph (2) of that Order provided that any proceedings instituted by the claimant in any Employment Tribunal before the Order was were not to be continued by him without the permission of the EAT.[3]By a letter of 20 April 2022 the claimant was informed that these proceedings were stayed to enable him to make an application for permission to continue with the case. The claimant was warned that if permission to proceed was refused by the EAT, the case would be struck out because it could not be pursued any further.[4]By an Order sealed on 6 October 2022 the EAT refused him permission to proceed and confirmed that the claimant could not continue this case.[5]On 10 November 2022 the respondent applied for the case to be struck out. The email was copied to the claimant.[6]He objected to the application by two emails of 10 and 16 November 2022. He said that the decision of the EAT was wrong in principle and a violation of his rights under article 6 of the European Convention on Human Rights. That Article protects the right to a fair hearing. However, whatever the claimant’s views of the EAT Order, it is binding upon him and this Tribunal and therefore he is not permitted to continue with this case.[7]This case cannot be pursued any further by the claimant. It has no prospect of success, let alone any reasonable prospect, and it is therefore struck out. Case No. 2400927/2022