Mr Z Sadowski v Staffline Recruitment Ltd and BMW (UK) Manufacturing Ltd: 3305611/2023
JUDGMENT
The claim is struck out.REASONS
[1]The Second Respondent made an application for strike out on 14 August 2024 which was sent initially to the Claimant’s representative and subsequently to the Claimant on 16 August 2024. A letter was sent by the Tribunal dated 22 August 2024 indicating that the strike out would be considered at today’s hearing. The Claimant has neither responded nor attended at today’s hearing, in order to provide any response.[2]The Tribunal heard from the First and Second Respondents representatives that the Claimant had failed to provide the medical evidence and impact statement set out in the order of EJ Shastri- Hurst on 28 February 2024, nor provided a Schedule of Loss.[3]Nor has the Claimant responded to the reminder sent on 25 June 2024 with regard to the same order.[4]The Respondents also contacted the Claimant via the email address supplied by his former solicitor, but have received no response. The 6.2 Strike out Judgment – claim - rule 37 Case No:3305611/2023 last known contact for/on behalf of the Claimant was in April 2024.[5]The Tribunal was therefore satisfied that the Clamiant had notice of the application and had an opportunity to respond to it, but had failed to do so.[6]The Tribunal concluded that in accordance with rule 37 the claim should be struck out for the claimant had not complied with the Order of the Tribunal dated 28 February 2024, 25 June 2024, or attended today’s hearing, and it has not been actively pursued. 3. The hearing fixed for 28 April – 2 May 2025 at Reading Tribunal will not take place.