Mr M Doutoum v Asda Stores Ltd: 2500179/2024
JUDGMENT
The claim is struck out.REASONS
[1]This matter came before me today for preliminary hearing (via CVP). Mr Gittins of Counsel attended on behalf of the respondent. The claimant did not attend and was unrepresented. Having waited for a period of time, I instructed the clerk to the Tribunal to attempt to make contact with the claimant by telephone in order to ascertain his intentions and/or whereabouts. There was no answer to that call.[2]By a claim form dated 29th January 2024, the claimant brought claims in respect of unfair dismissal; race discrimination; redundancy payment and unpaid wages. By their response form and grounds of resistance, the respondent denied each and every one of the above claims and, in so doing, requested further information from the claimant.[3]On 3rd April 2024 the Tribunal wrote to the claimant ordering him to provide the further information requested. There was no response. A follow-up letter was sent to the claimant dated 8th May 2024 to which, once again, there was no response.[4]By a letter dated 5th June 2024 the Tribunal warned the claimant that his claim was at risk of being struck out because it was not being actively pursued. The claimant was therefore given an opportunity to make representations or to request a hearing, as to why the claim should not be struck out. A response was required no later than 11th June.[5]The claimant has failed to make representations in writing as to why this should not be done or to request a hearing. I am satisfied that the above correspondence has been sent to the postal address given by the claimant on the claim form. I am satisfied that this claim has not been actively pursued. The claim is therefore struck out pursuant to rule 37(1)(d) of the ET Rules of Procedure.