K Regis v C Frith and A Steward: 3316535/2021
JUDGMENT
The claim is struck out under rule 37(1)(d) of The Employment Tribunals Rules of Procedure because the claim has not been actively pursued.REASONS
[1]On the 30 July 2022, the Tribunal wrote to the Claimant and requested further particulars regarding her claim. She was asked to respond within 7 days.[2]On the 22 August 2022, the Claimant was given notice of the hearing of the 1 November 2022 and also asked to clarify what she was claiming and the sums involved by 12 September 2022.[3]The Tribunal wrote to the Claimant on the 5 October 2022 enclosing the previous correspondence of the 30 July 2022 and 22 August 2022.[4]On the 24 October 2022, the Tribunal wrote to the Claimant to inform her that Employment Judge Tynan was considering striking out the claim because it had not been actively pursued. The Claimant was informed that if she wished to object to this proposal that she should provide her reasons in writing, or request a hearing at which she could make such objections, by 1 November 2022. Case No: 3316535/2021[5]Despite the above requests for further particulars of her claim, the Claimant has not provided any further details regarding her claim.[6]No explanation has been provided for the Claimant's non-attendance at the hearing on the 1 November 2022. The Tribunal has not received any correspondence from the Claimant to explain her failure to reply to earlier correspondence from the Tribunal seeking further particulars.[7]It is not possible to determine the claim in the absence of key particulars such as the amount of wages it is claimed are owed. The Claimant has been given a reasonable opportunity to make representations regarding the possibility of her claim being struck out. She has failed to give any reason as to why her claim should not be struck out. Taking in to account the overriding objective, the claim is therefore struck out under rule 37(1)(d) of The Employment Tribunals Rules of Procedure. Employment Judge S.L.L. Boyes Date: 2 November 2022 26 November 2022 ........................................................................................ T Cadman ........................................................................................ FOR EMPLOYMENT TRIBUNALS