G Collins v AMA Connections Ltd (in Liquidation): 4103314/2023 and 4103316/2023
JUDGMENT
The claims are struck out under rule 37(1)(d) of the rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the ground that the claims are not being actively pursued.REASONS
[1]On 26 June 2023, the Tribunal informed the claimant that she required to obtain the consent of the court for the claims to proceed since the respondent company was in liquidation. The claimant provided updates to the Tribunal showing her attempts to obtain the consent of the court in the period June 2023 – February 2024.[2]On 23 February 2024, the Tribunal (EJ McManus) sent a letter to the claimant directing her to seek the permission of the liquidator for the claims to proceed. A reply was required by 11 March 2023, but no reply was received. The Tribunal sought a further update from the claimant on 15 March 2024, but once again no reply was received.[3]On 10 April 2024, the Tribunal (LO Doherty) wrote to the claimant to explain that, although she had been directed to seek the consent of the liquidator, she would need the consent of the court dealing with the respondent’s insolvency. The claimant was encouraged to seek legal advice and provide an update to the Tribunal by 3 June 2024. No reply was received.[4]On 7 June 2024, the Tribunal (LO Whelehan) sent a final reminder to the claimant, asking for a reply by 14 June. No reply was received. A strike out warning letter was issued to the claimant on 19 June 2024. However, this letter referred by number to only one of the claimant’s live claims.[5]On 9 July 2024, the Tribunal (LO Ellison) gave the claimant an opportunity to give written reasons by 23 July 2024 or to request a hearing to consider why the claims should not be struck out. This letter referred by number to both claims.[6]The Tribunal therefore strikes out the claims on the basis that they are not actively pursued. The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing.