Miss C Hall v Advinia Healthcare Ltd: 2420745/2020
JUDGMENT
The complaints contained in this claim case number 2420745-20 of disability discrimination and unpaid wages are struck out in their entirety.REASONS
[1]The claimant brought complaints of disability discrimination and unpaid wages. They were defended and came to a case management hearing before EJ Robinson on 12 July 2021. EJ Robinson made orders and listed a preliminary hearing. The claimant failed to comply with them and the respondent made an application for an Unless Order.[2]The claimant failed to attend the preliminary hearing on 11 October 2021. She wrote indicating her desire to have the hearing proceed in her absence and to be “settled for an apology”.[3]The Tribunal stayed proceedings and directed the parties to ACAS.[4]The Tribunal has not received notification of settlement.[5]By an Order dated 11 October 2021 EJ Aspinall ordered the claimant to write within 28 days informing the Tribunal as to whether she wished to pursue her complaint or not. The claimant was warned that if she did not write as ordered then her claim would be struck out without further hearing.[6]The respondent wrote to the Tribunal on 22 March 2022 and copied the correspondence to the claimant setting out the history of non compliance and requesting that the claim be struck out. Case No 2420745/2020[7]The claimant has not complied with the Order of 11 October 2021 and the claim is struck out of the Tribunal’s own volition for non compliance with the Order under Rule 37(1)(c)[8]Further, the claimant appears to be in breach of EJ Robinson’s Orders and has not corresponded with the Tribunal or the respondent between July and October 2021 save in her email referred to at 2 above. She has not responded to the Order of 11 October 2021. Her complaint has not been actively pursued and is also, or in the alternative struck out under Rule 37(1)(d).