C Hunter v MCP Contracting Ltd: 4106851/2023
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]The claimant presented a claim to the Employment Tribunal on the 3 November 2023. A strike out warning letter was sent to the claimant on the 13 December 2023 because the claim appeared to be timebarred; the claimant had not provided any particulars of the claim for the second claimant; the claimant did not have two years’ service to pursue a complaint of unfair dismissal and the claimant had referred to complaints in the claim form that a tribunal did not have jurisdiction to determine.[2]The correspondence sent to the claimant was returned on the 30 January 2024 with a note saying “gone away”.[3]On the 8 February 2024 the Tribunal wrote to the claimant asking him to confirm a quantification of his claim. The claimant did not respond to this letter.[4]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.