Mr A Brzezinski v BSH Distribution Centre: 3306646/2019
REASONS
[1]By a letter dated 4 May 2019, the Tribunal gave the Claimant an opportunity to make representations confirming why his claim of unfair dismissal was unfair and why the Employment Tribunal has jurisdiction to hear it, even though the Claimant did not have two years’ service.[2]The Claimant failed to respond to this letter and a further Order of Employment Judge Ord, dated 27 June 2019, confirmed that this matter would be dealt with at the Preliminary Hearing today.[3]The Claimant sent an email to the Tribunal on 28 June 2019, explaining that he was now self-employed and was really busy. He did not confirm that he would be unable to attend the Case Management Hearing on 3 December 2019.[4]The Claimant has since failed to provide any further representations concerning the complaint of unfair dismissal and failed to inform the Tribunal that he would be unable to attend the Case Management Hearing on 3 December 2019.[5]The claim is therefore struck out on the basis that the Claimant has not demonstrated that this particular complaint has any reasonable prospect of success, has not complied with the Order of Employment Judge Laidler dated 4 May 2019 and has not actively pursued this matter.[1]A preliminary hearing took place at Cambridge on 3 December 2019. The claimant had previously been sent a Notice of Hearing which was not returned undelivered and he failed to attend and did not apply for an adjournment.[2]On that date, he sent the tribunal an email stating simply that he “could not be today in Cambridge” as he was working.[3]The record of preliminary hearing was sent to the claimant and not returned as undelivered.[4]At Order 1 of the Case Management Orders, the claimant was required to provide listed information by 7 January 2020, failing which his claims ‘will stand dismissed without further order”.[5]He has failed to provide those details. The claim stands as dismissed under the provisions of rule 37(1)(c) of the rules of procedure.