Miss P Tursucu v S Petherick and Saxton 4x4 Ltd: 3203221/2022
JUDGMENT
The claim is struck out.REASONS
[1]By a Case Management Order made at a Preliminary Hearing on 7 August 2023, the Tribunal ordered the Claimant to write to the Tribunal by 28 August 2023 to confirm if she was pursuing her claims. The Order notified the Claimant that if she did not respond by that date an Employment Judge would consider whether to strike out the claim because it had not been actively pursued.[2]The Claimant has failed to make any representations in writing indicating whether she is pursuing her claim within the specified timescale, or at all. The Claimant has also failed to respond to emails and telephone calls from the Respondent’s solicitor seeking clarification as to whether the claim is still being pursued.[3]Under Rule 37 of the Employment Tribunal Rules 2013, the Tribunal has power to strike out a claim on the basis that it is not being actively pursued. The Tribunal has concluded, given the Claimant’s silence, that this claim is not being actively pursued. It has been decided that the claim should therefore be struck out.[4]The hearing fixed for 26/09/2023 will not take place.