Miss S Pardes v Transport for London: 3311826/2022
JUDGMENT
The claimant’s claims of discrimination because of sex and race within the meaning of section 13 of the Equality Act 2010, contrary to section 39 of that Act, and harassment with the protected characteristics for the purposes of section 26 of that Act being race and sex, contrary to section 40 of that Act, are struck out.REASONS
[1]On 14 June 2023, Employment Judge (“EJ”) Coll held a preliminary hearing at which (as recorded in order 11 of those set out in the record of that hearing, which was signed by EJ Coll on 28 June 2023 and sent to the parties on that day) the claimant agreed to “any race related claims (Race Discrimination, Racial Harassment) being struck out.”[2]By a letter dated 9 November 2023, the tribunal gave the claimant an opportunity to make representations or to request a hearing as to why her other claims should not be struck out because she had failed to comply with the order recorded in paragraph 21 of the document signed by EJ Coll on 28 June 2023, and on the basis that the claim as a whole had not been actively pursued. The claimant was given until 4pm on 17 November 2023 to respond to that letter.[3]The claimant failed by that date to respond to that letter in any way. Thus she did not by that date make representations in writing as to why all of her claims should not be struck out or request a hearing at which to make oral representations opposing the striking out of her claims. As at the date of this judgment, the claimant had still failed to respond to the strike-out warning contained in the tribunal’s letter of 9 November 2023. Her claims (as described in the above judgment) are therefore struck out. 6.2 Strike out Judgment – claim - rule 37 Case Number: 3311826/2022