O H Smith v Fun Scientists Ltd (in Liquidation): 4103916/2023
JUDGMENT
The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d).REASONS
[1]By letter dated 3 October 2023 the Tribunal wrote to the claimant notifying them that legal proceedings cannot be instituted or continued against a respondent company in compulsory liquidation without the consent of the court to proceed. The claim was sisted for a period of 6 months. In the intervening period, there is no evidence that the claimant has taken any steps to secure the necessary consent to allow the Tribunal claim to proceed.[2]By letter dated 28 August 2024 the Tribunal wrote to the claimant asking for an update of the current position in the case, reply by 4 September 2024. No reply was received.[3]By letter dated 5 September 2024 a further reminder was sent to the claimant with a reply by date of 12 September 2024. No reply was received.[4]On 16 September 2024 the Tribunal gave the claimant an opportunity to give written reasons by 30 September 2024 or to request a hearing in order to consider why claim should not be struck out. No reply was received.[5]The claimant has failed to give reasons why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim. C McManus