Mr D Tilbury v Magical Mouse Ltd T/a Brewers Arms: 2500053/2024
JUDGMENT
The claim is struck out.REASONS
[1]By a claim presented on 10 January 2024 the claimant complained that he had been unfairly dismissed, was subject to sexual harassment and was owed wages.[2]On 18 January 2024, the parties were sent a notice of hearing of case management hearing at 10am on 20 May 2024.[3]By a letter dated 15 March 2024 EJ Aspden required the claimant to give reasons why his complaint of unfair dismissal had any prospects of success, and to provide further information about his complaints of sexual harassment and unpaid wages.[4]The claimant failed to respond to the orders of EJ Aspden. On 30 April 2024, the claimant’s complaint of unfair dismissal was dismissed, and EJ Aspden ordered the claimant to write to the Tribunal within 7 days providing an explanation for his failure to comply with the of the orders of 15 March.[5]The claimant failed to respond to the order of EJ Aspden and on 13 May 2024, and the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why his remaining complaints should not be struck out for failure to comply with the order of 30 April 2024.[6]The claimant failed by the deadline of 20 May 2024 to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing.[7]The claimant failed to attend the case management hearing on 20 May 2024 at 10am. The claimant was contacted by administration staff but the claimant did not respond. A message left for him on the mobile telephone provided on the claim form.[8]No contact having been made by the claimant in these proceedings at all since the presentation of the claim form, the claimant’s remaining claims are 6.3 Strike Out Judgment – claim – part - rule 37 Case No:2500053/2024 struck out for noncompliance with the order of 30 April and 13 May 2024 and because it has not been actively pursued.