Mr K Hussain v United Parcel Service: 3314094/2021
JUDGMENT
The claim is struck out.REASONS
[1]On 3 August 2021 the claimant submitted an employment tribunal claim against the respondent. The nature of that claim was unclear, and it appeared to rely on an ACAS Early Conciliation Certificate issued in 2016, prior to previous proceedings between the parties.[2]On 1 November 2021 EJ Quill wrote to the claimant requiring him to give details of his claim. Essentially these were the basic details that would be the foundation of the claims of discrimination that the claimant had intimated in his claim.[3]Following this, the claimant sent a range of correspondence to the tribunal, none of which appeared to address the questions asked by EJ Quill.[4]On 6 December 2021 EJ Gumbiti-Zimuto sent a strike out warning to the claimant saying that he was considering striking out the claimant’s claim on the basis that he had not complied with the order of 1 November 2021, and allowing the claimant the opportunity (by 3 January 2022) to make written representations or request a hearing in response to the strike out warning.[5]The claimant has since sent in a large volume of correspondence to the tribunal. I understand from a note on the tribunal file that the claimant had intended two emails of 6 December 2021 (timed at 14:58 and 15:14) as his response to EJ Gumbiti-Zimuto’s strike out warning. Case No: 3314094/2021[6]Neither of these documents answer the questions raised in EJ Quill’s order of 1 November 2021, request a hearing or state why the claim should not be struck out for failure to comply with the order of 1 November 2021.[7]The effect of this is that more than six months after submission of his claim the nature and basis of his claim remains unclear, he is more than six months overdue on compliance with a tribunal order and has not either requested a hearing or provided any written representations as to why his claim should not be struck out. Given those circumstances I have decided to strike the claim out.