Ms P Nwoko v Goodman Massey Ltd: 3201595/2020

EMPLOYMENT TRIBUNALS
Case No 3201595/2020
Ms P NwokoClaimantGoodman Massey LtdRespondent
Employment Judge Peter WilkinsonNot represented for claimantMs Lisa Hatch (instructed by Counsel, instructed by Markel Law LLP) for respondentDate 11 May 2021

JUDGMENT

[1]The Claimant’s claim for unfair dismissal brought under Part X of the Employment Rights Act 1996 is struck out, pursuant to Rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on the grounds that the Claimant is not actively pursuing her claim, that the claimant has failed to comply with orders of the Tribunal and that the claim has no realistic prospect of success.

REASONS

[1]The Claimant failed to attend at the preliminary hearing on 4th January 2021 and further failed to attend at today’s hearing despite being aware that the hearing was listed and was going ahead.[2]The Claimant has failed to comply with the orders made on 6th October 2020 and 4th January 2021. Case Number: 3201595/2020 V[3]The Claimant’s claim for unfair dismissal, set out in her claim form on ET1 appears to have no prospect of success given that on her own case she was employed by the Respondent for less than 2 years.[4]The Claimant has made no application to amend her claim to include any other cause of action and in any event has failed to comply with orders requiring her to particularise any claim she may have for automatic unfair dismissal, discrimination, harassment or victimisation.[5]The Tribunal is satisfied that the Claimant has had a reasonable opportunity to make representations at this hearing but has not availed herself of the same.