Ms K King v Nicholls Christie & Crocker: 3310220/2022
JUDGMENT
[1]The judgment of the tribunal is that: 1. The claim is struck out on the following grounds:1.1 Rule 37(1)(6) that the manner in which the proceedings have been conducted by the claimant has been unreasonable.1.2 Rule 37(1)(c) for non-compliance with orders of the Tribunal.1.3 Rule 37 (1)(d) that it has not been actively pursued.1.4 Rule 47 the claimant has failed to attend this hearing. _____________________________ Employment Judge Alliott Date: 15 March 2023 Sent to the parties on: 26 March 2023 T Cadman ............................................................ For the Tribunal Office . 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.[2]Case No: 3310220/2022 1 EMPLOYMENT TRIBUNALS Claimant Respondent Ms Karen King v Nicholls Christie & Crocker Heard at: Watford On: 15 March 2023 Before:REASONS
[1]Notice of this hearing was sent out to the parties on 13 November 2022. The notice contained case management orders for a schedule of loss, exchange of documents, creation of a bundle and exchange of witness statements.[2]The claimant clearly got that notice because on 13 February 2023 she sent an email to the employment tribunal with a reference to the hearing date in the subject line and stating:- “Please note I will not be attending the hearing.”[3]The claimant has failed to comply with any of the case management orders.[4]On 14 March 2023 Employment Judge Quill directed that the claimant be contacted and informed that he was considering striking out the claim on various grounds and ordering the claimant to write to the tribunal to say whether she objected to the strike out and whether she would be attending the hearing and whether she had complied with the orders of 13 November 2022. No response was received by 3pm but Employment Judge Quill nevertheless deemed it appropriate for this hearing to remain listed.[5]Today at 10am the claimant was not in attendance. The clerk telephoned the two telephone numbers we have on file and sent an email to the claimant. There was no answer on her landline. A voice message was left Case No: 3310220/2022 2 on the mobile answerphone. An email was sent to the claimant.[6]The clerk had completed those tasks by 10.25. I waited a further 20 minutes to see if there was any response and started this hearing at 10.45.[7]After I had begun this hearing the clerk handed me an email timed at 10.47 from the claimant stating:- “Please be advised I will not be attending the hearing.”[8]The claimant has not complied with any of the case management orders and has not attended this hearing. In my judgment, the manner in which the proceedings have been conducted by the claimant has been unreasonable, she has failed to comply with orders of the tribunal, it is not being actively pursued and she has failed to attend this hearing. Accordingly, I strike out the claim on all four grounds.