Miss E Bobkowska v SEP UK Logistics: 3325888/2017
JUDGMENT
[1]This hearing was listed on 22 August 2017, in circumstances where no response had been received to the claimant’s ET1 from her employer. Judgment has not yet been entered under rule 20 of schedule 1 to the 2013 Employment Tribunal Regulations, because it appears the claimant has not yet given her employer’s full legal name. The claimant identifies the employer only as “SEP UK Logistics”. Moreover, it appears she has not given the employer’s full address. She identifies it only as “Saville Road” in the ET1, rather than giving a road number. The ET1 appears to have been “returned to sender”, rather than served on the respondent.[2]On 11 October 2017, the claimant was asked under cover of a letter from the employment tribunal to give the full and correct name of the employer, as well as the address. The letter explains why that information is needed. The claimant was asked to respond to that letter within seven days. She did not do so.[3]Neither party appeared today. No explanation for non-attendance had been given, and the respondent may well not know about the hearing for the reasons set out above. The tribunal was unable to telephone the claimant, as she has not yet given a contact telephone number. This places the employment tribunal in an unsatisfactory position. The current situation makes impossible for the claim sensibly to progress. The claimant is therefore asked to provide the information sought from her in the 11 October 2017 letter within seven days. The claimant is also to provide a contact Case Number: 3325888/2017 telephone number for herself and (if possible) the employer within seven days.[4]If she fails to provide that information, the claim shall be struck out without further order, as without co-operation from the claimant and proper details of the respondent (who needs the chance to be able properly to reply to the claim), a fair trial will not be possible. ORDERS 1. Unless the claimant provides full details of her employer – namely, the employer’s full and correct name, its business or trading address, and (if possible) a contact telephone number, her claim is struck pursuant to rule 38 of schedule 1 to the 2013 Employment Tribunal Regulations without further order, further consideration of the proceedings, or the need to give notice or hold a preliminary hearing or a hearing. CONSEQUENCES OF NON-COMPLIANCE[1]Failure to comply with an order for disclosure may result on summary conviction in a fine of up to £1,000 being imposed upon a person in default under s.7(4) of the Employment Tribunals Act 1996.[2]An order may be varied or revoked upon application by a person affected by the order or by a judge on his/her own initiative.