Mr N Yedroudj v T.J. Morris Ltd and others: 2415517/2018
JUDGMENT
The claim is struck out.REASONS
[1]The claimant failed to attend a preliminary hearing held on 7 March 2019. The claimant sent to the Tribunal an email on the same date at 10.41am indicating he could not attend the hearing due to emergency medical concerns. The claimant was ordered to send to the Tribunal and copy to the respondent no later than 28 March 2019 a medical report setting out what those concerns were and confirmation when the claimant will be well enough to attend a preliminary hearing should one be necessary on the time limit issue in respect of the third respondent. The claimant failed to do so, and he did not seek another preliminary hearing.[2]A number of case management orders were made and the Record of Preliminary Hearing sent to the parties on 11 March 2019. The claimant was ordered to send to the respondent a schedule of loss no later than 28 March 2019 together with further information about his claims including if relevant, the comparator (or hypothetical comparator) he wishes to rely upon will be provided in addition to the relevant section of the Equality Act relied upon in relation to each individual complaint. The claimant failed to do so.[3]In an application dated 9 April 2019 the respondent sought an unless order to be made for non-compliance. The respondent confirmed the claimant had been copied into the correspondence and asked to notify the Tribunal if he had objections. The claimant did not raise any objections, and on 9 May 2019 the Tribunal wrote to the claimant asking 6.2 Strike out Judgment – claim - rule 37 Case No:2415517/2018 him to comment on the respondent’s application and provide a medical report, failing which “an unless order may be made.” A deadline date of 16 May 2019 was given. The claimant did not respond.[4]By a letter dated 27 June 2019 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it had not been actively pursued. The claimant was given until 11 July 2019 to respond, over 4- months after the preliminary hearing had been held during which time the Tribunal had received no communication from him, the claimant having failed to attend the preliminary hearing, ignored case management orders and correspondence sent to him by the Tribunal.[5]The claimant has failed to make representations in writing, and has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[6]The hearing fixed for 17,18 & 19 September 2019 will not take place.