Ms R Dennon v JD Gyms: 2402184/2021
JUDGMENT
The claimant’s claims were dismissed pursuant to rule 47 of the Employment Tribunal Rules of Procedure, the claimant having failed to attend the hearing.REASONS
[1]The claimant presented her claim on 1 March 2021. The claimants pleaded claim does not contains sufficient particulars to make it capable of a sensible response.[2]The claimant’s claim was not accepted, and the claimant was required by EJ Holmes to provide further particulars. This request was emailed to the claimant on 3 March 2021 and required a response by 17 March 2021.[3]The claimant responded on 15 March 2021 by email. The claimant’s response did not provide the details requested.[4]A case management hearing was scheduled for 3 June 2021. This hearing was postponed by EJ Ainscough on 2 June 2021 because the claimant had not provided the details requested. The case management hearing was relisted for 13 September 2021 and the claimant ordered to provide the details of her claim that had been previously requested by 1 of 2 Case Number: 2402184/2021 no later than 18 June 2021. The claimant was informed of the postponement any of the order to provide the missing details by email of 2 June 2021. The claimant did not respond.[5]On 3 August 2021 EJ Holmes issued a warning to the claimant that her claims may be struck out if she did not provide the required details by 17 August 2021. A strike out warning was being considered on the basis that the claimant was not actively pursuing her claim. This was emailed to the claimant on 3 August 2021. The claimant did not respond.[6]The claimant did not dial into this hearing. The respondent’s representative confirmed that the respondent had had no contact from the claimant in recent weeks. There was nothing that suggested that the claimant had attempted to dial into the hearing or had indicated she would not be able to dial in. There was no indication that the claimant had provided the ordered details of her claim. The Tribunal waited until tem minutes after the scheduled start time for the hearing.[7]Considering the above, the claimant’s claims were dismissed pursuant to rule 47 of the Employment Tribunal Rules of Procedure. The claimant has failed to attend the hearing without explanation, after a prolonged period of the claimant failing to actively take steps to pursue her claim despite multiple orders and requests.