Miss S Buckland v Bazleys Pubs and Inns plc (In Voluntary Liquidation): 3304322/2022
JUDGMENT
The claim is struck out.REASONS
[1]The above claimant, Miss Buckland, was named as the second claimant in the claim form made primarily in the name of Mrs A Taylor-Hopper, under case number 3304321/2022. There were no details of Miss Buckland’s claim in that claim form.[2]On 18 August 2023, I conducted a hearing of the claim of Mrs Taylor-Hopper. Miss Buckland did not attend that hearing.[3]On 27 September 2023, the tribunal wrote to Miss Buckland (“the claimant”), at my direction, pointing out that she had not attended the hearing of 18 August 2023 and requiring her to respond within 28 days, saying whether she was pursuing a claim for unpaid wages or holiday pay or any other claim and, if so, what she was seeking by way of remedy. In that letter it was pointed out that if the claimant did not so respond then her claim was liable to be struck out under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the basis that(1) it had not yet been stated in any detail and(2) she was not pursuing the claim.[4]The claimant did not respond to that direction at any time.[5]Only on 26 March 2026 was the file put back before me. Case Number: 3304322/2022[6]In the circumstances it was in my view appropriate to strike the claim out, but under rule 38(1)(c) and (d) of the Employment Tribunal Procedure Rules 2024 rather than under rule 37 of the Employment Tribunals Rules of Procedure 2013. Approved by