Mr S O’Brien v Royal Liverpool and Broadgreen University Hospitals NHS Trust: 2410003/2019

EMPLOYMENT TRIBUNALS
Case No 2410003/2019
Mr S O’BrienClaimantRoyal Liverpool & Broadgreen University Hospitals NHS TrustRespondent
Employment Judge HorneDate 13 November 2019

JUDGMENT

The claim is struck out.

REASONS

[1]Rule 37 of the Employment Tribunal Rules of Procedure 2013 permits a tribunal to strike out a claim that has not been actively pursued.[2]The claimant did not attend the hearing on 16 September 2019 and was not represented. He did not make contact with the tribunal to explain his non-attendance.[3]In a clearly-headed notice sent to the parties on 22 October 2019 the claimant was warned that the tribunal was considering striking out the claim on the ground that it was not being actively pursued. He was given an opportunity to make representations why his claim should not be struck out. The initial deadline for making representations was 30 September 2019. This deadline was extended on the tribunal’s own initiative because of delays in sending the notice to the parties. The new deadline expired 14 days from 22 October 2019.[4]The claimant has not made any representations as to why his claim should not be struck out. _____________________________ Case no. 2410003/2019 2