Mr Ian Hannah v Veolia (ES) UK Ltd: 3321280/2019
JUDGMENT
[1]The claimant’s claims are struck out pursuant to Rule 37 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.REASONS
[1]The claimant was dismissed on 12 January 2018. The primary limitation period therefore expired on 11 April 2018.[2]The claimant presented his claim form on 5 August 2019. The period of early conciliation was from 4 - 11 June 2019. The claim form was therefore nearly 1 year 3 months out of time.[3]This case was set down for a final hearing for today on 27 August 2019. Various case management orders were made and I am told that the claimant did not comply with any of them.[4]On 22 November 2019 this open preliminary hearing was ordered by Employment Judge Manley to determine whether the claimant could show it was not reasonably practicable to have presented the claim in time. 1 ph judgment + cm Nov 2014 wip version Case Number: 3321280/2019[5]On 25 November 2019 Employment Judge Hymans made case management orders for this open preliminary hearing. I am told that the claimant has not complied with any of them, in particular sending the respondent a witness statement by 17 February 2020.[6]The claimant has not attended by telephone today.[7]I have determined that the claimant has no reasonable prospect of successfully showing that it was not reasonably practicable to have presented his claim in time or that the claim has been presented within a reasonable period thereafter.[8]Further, the claimant has wholly failed to comply with all the orders made by the tribunal and this, along with his non attendance today, leads me to conclude that the claim is not being actively pursued.[9]I amend the name of the respondent to his correct ex-employer, Veolia (ES) UK Limited.[10]The claim is struck out pursuant to Rules 37 (a), (c) and (d) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Employment Judge Alliott 3rd April 2020 …30th July 2020…. For the Tribunal: ………………………….. Note: If Mr Hannah wants this judgment to be reconsidered then he must make an application for reconsideration in writing within 14 days of the date on which this decision was sent to him and shall set out why he says reconsideration of this decision is necessary in the interests of justice. 2 ph judgment + cm Nov 2014 wip version