Mr T Walcott v Matthew Clark Bibendum Ltd: 3304292/2024

EMPLOYMENT TRIBUNALS
Case No 3304292/2024
Mr T WalcottClaimantMatthew Clark Bibendum LtdRespondent
Employment Judge CowenNot represented for claimantMs Amartey (instructed by counsel) for respondentDate 6 January 2025

JUDGMENT

[1]The Claimant’s claim is struck out.

REASONS

[1]The Respondent applied on 14 November 2024 for a strike out of the Claimant’s claim under rule 37(c ) and/or (d), on the basis that the Claimant had failed to comply with the orders made on 1 October 2024, or due to the Claimant’s failure to actively pursue the claim.[2]By a letter dated 31 December 2024 the Tribunal gave the Claimant an opportunity by 3 January 2025 to make representations or to request a hearing, as to why the claim should not be struck out.[3]The claimant emailed the Tribunal on 5 January 2025 asking for time to file documentation and indicating he wishes to pursue his claim. The Claimant failed to attend the hearing today and gave no reasons for his absence.[4]The Respondent has attended, with their witnesses and has complied with the orders of the tribunal, including sending witness statement to the Claimant in November 2024. 6.2 Strike out Judgment – claim - rule 37 Case No:3304292/2024[5]Upon considering the correspondence and the failure by the Claimant to comply with any of the orders of the Tribunal, nor to attend the hearing, it was concluded that a fair hearing could not be held today and there were no justifiable reasons to postpone the hearing.[6]The claim is therefore struck out. Approved by