Mr J P Bateman v PAM Wellbeing Ltd: 3313363/2022
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 28 January 2023 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because it has no reasonable prospect of success as the respondent has not identified any grounds on which it opposes the claim that has been made.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Tynan Date: 20.3.2023[1]The Respondent is granted an extension of time to 17 April 2023 to make its application for reconsideration.[2]The Tribunal determines that a hearing is not necessary in the interests of justice.[3]The Tribunal further determines that it is necessary in the interests of justice to reconsider its Judgment dated 20 March 2023.[4]On reconsideration, the decision of the Tribunal to strike out the Response is revoked.[5]The Claimant has made extensive representations regarding the Respondent’s alleged destruction of evidence and breach of its obligations in respect of his personal data. These are matters, if at all, for consideration within the proceedings. In my judgement, they do not touch directly upon the immediate issue of whether I should reconsider and revoke my Judgment or mean that the Respondent should be prevented from filing a response to the claim.[6]I shall direct that the Response is accepted and that the case is listed for a case management preliminary hearing at which the Employment Judge can give separate, further consideration to what, if any, case management orders should be made in light of the Claimant’s allegations.