Miss L Jenkins v Hays Social Care Ltd: 2401733/2021
JUDGMENT
The claimant having less than two years’ service, and therefore not qualifying to bring an unfair dismissal complaint, and having been given an opportunity to respond to an earlier strike out warning in relation to her unfair dismissal complaint, and having failed to respond to that warning or attend the preliminary hearing today – The claimant’s unfair dismissal complaint is now struck out on the ground that it has no reasonable prospect of success. Judge Brian Doyle Date: 20 August 2021 1 of 2 Case Number: 2401733/2021 JUDGMENT AND REASONS[1]Following a strike out warning made on 20 August 2021, the claimant made brief representations to the Tribunal by the due date.[2]Although she has now asked the Tribunal to reconsider that warning, and she has given the briefest of explanations of her disengagement from the proceedings, she has still failed to address the concern that she has not actively pursued her claim and she has not particularised her claim as required. Nor has she addressed the earlier strike out of her unfair dismissal complaint.[3]Accordingly, acting under rule 37 of the Employment Tribunals Rules of Procedure 2013, the Tribunal now strikes out the remainder of the claim (the disability discrimination complaint) on the ground that(1) it is not being actively pursued and(2) it has no reasonable prospect of success in the light of the lack of particulars of the claim. Judge Brian Doyle Date: 26 October 2021 4 November 2021 1 of 1