Mr H Barker v European Metal Recycling Ltd: 2402289/2020
JUDGMENT
[1]FOR THE TRIBUNAL OFFICE(1) Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies shall be liable on summary conviction to a fine of £1,000.00. Case Number: 2402289/2020 9 of 10(2) Under rule 6, if this Order is not complied with, the Tribunal may take such action as it considers just which may include (a) waiving or varying the requirement; (b) striking out the claim or the response, in whole or in part, in accordance with rule 37; (c) barring or restricting a party’s participation in the proceedings; and/or (d) awarding costs in accordance with rules 74-84.(3) may apply under rule 29 for this Order to be varied, suspended or set aside. Case Number: 2402289/2020 10 of 10[2]Case Number: 2402289/2020 EMPLOYMENT TRIBUNALS Claimant: Mr H Barker Respondent: European Metal Recycling Limited PRELIMINARY HEARING Heard at: Manchester On: 24 August 2022 Before: Employment Judge Batten (sitting alone) Representatives For the claimant: G Lawler, litigation friend For the respondent: J Latham, Solicitor[4]The claimant’s application for relief from sanction, in respect of the dismissal of the claim for failure to comply with an Unless Order, fails. The claim remains dismissed.