Miss M Coleman v Jason Anderson and others: 2410341/2018

EMPLOYMENT TRIBUNALS

Case No 2410341/2018

Between

Miss M ColemanClaimant

Jason Anderson and othersRespondent

Before

Employment Judge Sharkett

Date 12 February 2019

JUDGMENT

The judgment of the Tribunal on preliminary hearing is:(1) The claimant was not engaged as a self-employed contractor.

(2) The claimant was not an employee of any of the respondents named in these proceedings.

(3) The claimant was a worker within the meaning of section 230 Employment Rights Act 1996 and for the purposes of the Working Time Relations 1998 and National Minimum Wage Act 1998.

(4) The correct name of the respondent is Christine Anderson.

(5) The first and second respondents are dismissed from these proceedings Case No. 2410341/2018 2

REASONS

[1]By an Order dated 24 January 2019 the Tribunal gave the claimant an opportunity to make representations, as to why the claim should not be struck out because• the claimant had not complied with case management orders made following a hearing on 17 October 2018, and

• the claim had not been actively pursued, by 14 days of the date the Order was sent to the parties, i.e. by or before 8 February 2019.

[2]The claimant has failed to make sufficient representations in writing in time why this should not be done or to request a hearing. Although the claimant sent details of her air travel showing her flights away on 12 January and back on 18 January 2019, these were provided only on 11 February 2019 and her email was silent as to failure to comply with case management orders. The claim is therefore struck out.