Mr J Goodall v Mr R B Moore and Mrs J H Moore: 2601934/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Region Employment Tribunals on 30/08/2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[3]The hearing listed on 14, 15 and 16 July 2025 is cancelled.[4]The Preliminary Hearing listed for 30 January 2024 to make case management orders for remedy will proceed. Employment Judge Ahmed Date: 16 January 2024REASONS
[1]This case has a long history. The hearing today was to be the final hearing. Neither party attended. Mr Buxton Moore emailed the Tribunal this morning to say he was still in hospital after surgery. The Claimant was contacted by the hearing clerk and said he had no knowledge of the hearing.[2]Upon reviewing the Tribunal file, I note that both parties were sent confirmation by email on 14 February 2025 that today’s hearing was taking place. No undelivered notices were received by the Tribunal.[3]Further, I note that the Claimant has failed to comply with any orders made by the Tribunal. In particular, he has produced no documents, no witness statement and no medical or other evidence of his alleged disability. Case No: 2601934/2023[4]In light of the above matters, I conclude that the Claimant is not actively pursuing his claims and it is appropriate to strike them out under Rule 38(d) of the Rules of Procedure 2024.