Mr A Osew v Howdens Joinery Ltd: 3300321/2017

EMPLOYMENT TRIBUNALS
Case No 3300321/2017
Mr A OsewClaimantHowdens Joinery LtdRespondent
Employment Judge HawksworthIn person for claimantMr A Ross (instructed by Counsel) for respondentDate 9 July 2019

JUDGMENT

[1]The claimant did not comply with the unless order of Employment Judge Jenkins made on 12 December 2017 and sent to the parties on 13 December 2017. He failed to exchange witness statements within 14 days of the date of the unless order.[2]Under rule 38(1) of the Employment Tribunals Rules of Procedure 2013, the claimant’s non-compliance with the unless order means that his claim is dismissed.[3]The claimant applied for the order for dismissal of his claim to be set aside under rule 38(2) of the Employment Tribunals Rules of Procedure 2013. The application for the dismissal order to be set aside is granted pursuant to rule 38(2) and/or rules 70 to 73 (Reconsideration).[4]Case Management Orders have been made and will be sent to the parties separately. _____________________________ Employment Judge Hawksworth Date: …27 February 2018. Sent to the parties on: ....27 February 2018 Note: Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 3300321/2017 EMPLOYMENT TRIBUNALS Claimant: Mr A Osew Respondent: Howden Joinery Ltd