Ms H Barrett v Kier: 2424463/2017
JUDGMENT
The claim is struck out.REASONS
The Employment came to an end on 8 September 2017. The Employment Tribunal Claim was filed on 13 December 2017. The Claimant has had ample opportunity to obtain representation but has still not done so. By a letter dated 17 March 2018, the parties were told about the telephone hearing on 18 April 2018. In bold type on that letter it is very clearly stated ‘to take part you should telephone0333 300 1440 on time and enter the access code 687204# when prompted’. The Claimant did not attend that hearing but clearly knew about it. In her email she states ‘In regards to the question of why I did not dial into the hearing, I did not know I had to. I assumed I would be called on the day.’ Such conclusion is completely at variance with the clear wording in the letter dated 17 March 2018. The orders made on 18 April 2018 were sent to parties on 25 April 2018 by email. Oder 1.1 makes it clear that the tribunal is considering striking out the claim ‘unless by 11 May 2018 the Claimant(a) shows good reason in writing why this should not be done and(b) provides to the Tribunal the Particulars referred to at paragraph 3 above and(c) explains to the Tribunal why she failed to attend this Hearing.’ 6.2 Strike out Judgment – claim - rule 37 Case No:2424463/2017 The Claimant emailed the Tribunal on 6 May 2018 at 21:29 and referred to some medical issues, but did not produce any supporting documentation on that point. She has not ‘shown good reason in writing’ why she has failed to comply with the orders of the Tribunal and has also not ‘provided to the Tribunal the particulars referred to at paragraph 3’ of the order.