Mr G McEvoy v McCallum Food Ltd and others: 4105202/2023
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 is not being actively pursued in terms of rule 37(1)(d).REASONS
[1]On 22 May 2024 the claimant’s representative wrote to the Tribunal to confirm that they no longer had instruction to act on the claimant’s behalf. They provided contact details for the claimant and asked that future correspondence be sent to the claimant directly.[2]On 4 June 2024, the Tribunal wrote to the claimant to provide a copy of the claim form, the notice of claim and recent correspondence dated 8 May 2024 and 22 May. The claimant was asked to confirm that he still wished to pursue the claim. No response was received.[3]On 25 June 2024, the Tribunal issued a reminder to the claimant and stated that repeated failure to reply may result in a strike out warning. The claimant was directed to reply within 7 days but failed to do so.[4]On 17 July 2024 the Tribunal gave the claimant an opportunity to give written reasons by 31 July 2024 or to request a hearing in order to consider why the claim should not be struck out.[5]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing and has made no application to amend. The Tribunal therefore strikes out the claim on the basis that it is not actively pursued.