Mr A Adams v Commodity Centre UK Ltd: 3200489/2019
JUDGMENT
The claim of unfair dismissal is struck out.REASONS
[1]This matter first came before the Tribunal on 12 July 2019 at a case management preliminary hearing held by telephone conference. The claimant did not attend and was not represented at the preliminary hearing.[2]By an order dated 12 July 2019 the Tribunal gave the claimant an opportunity to comply with case management orders by 9 August 2019 in preparation for a final hearing listed in March 2020.[3]The claimant failed to comply with the orders and following representations made by the respondent a hearing was listed to determine why the claim of unfair dismissal should not be struck out because the claimant has not complied with Orders or because the claimant is not actively pursuing the claim. Case Number: 3200489/2019[4]A notice of the (open) preliminary hearing was sent to the parties on 10 December 2019.[5]The claimant did not attend the time and place fixed for the hearing. The claimant did not communicate with the Tribunal or the respondent concerning his absence from today’s hearing. The claimant has failed to make representations in writing why this claim should not be struck out.[6]The respondent was represented by Ms Barlow, solicitor, who informed the Tribunal that the claimant has not contacted the respondent and has taken no action to progress this case following the preliminary hearing on 12 July 2019.[7]Rule 37 of the Employment Tribunals Rules of Procedure 2013, provided that a Tribunal may strike out all or part of a claim on any of the following grounds including for non-compliance of an order of the Tribunal (Rule 37(1)(c)). or that it has not been actively pursued (Rule 37(1)(d)).[8]Having heard the respondent and having considered the documents, all of the claim is struck out because the claimant has not complied with the Order of the Tribunal dated 12 July 2019 and because the claim has not been actively pursued.