Mr S Topping v Alldone Trading Ltd T/a Just The Job: 2414879/2018
JUDGMENT
The claim is struck out.REASONS
[1]A hearing was listed for 3 January 2019 to determine the remedy to be afforded to the claimant. He did not attend that hearing.[2]On 22 January 2019 an order postponing the hearing was sent to the claimant. The order contained a warning that if he did not write to the tribunal within seven days of the date by which the order was sent to him, explaining his failure to attend the hearing and confirming that he wished to proceed with the claim it might be dismissed without further notice or hearing on the basis that he was failing actively to pursue his claim.[3]Since the claimant has provided an email address for correspondence the order was sent to him by that means. The tribunal received an automated reply stating “mailbox unavailable”. The tribunal therefore sent a copy of the order to the claimant by post.[4]The claimant has not responded to the order in any way.[5]In the circumstances I conclude that the claim is not being actively pursued.[6]For that reason the claim is struck out pursuant to rule 37 of the Employment Tribunals Rules of Procedure 2013.