Mr B W Japp v Royal Mail Group Ltd: 4107462/2020

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4107462/2020
Mr B W JappClaimantRoyal Mail Group LtdRespondent
Employment Judge Joseph d’Inverno DateMr G Clark for claimantRoyal Mail Group Ltd Respondents for claimantRepresented by: for claimantDr A Gibson for claimantDate 14 May 2021

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 of non compliance with paragraph 9 of the Order of the Tribunal of 9th February 2021 in terms of rule 37(1)(c); and, that the claim has not been actively pursued in terms of rule 37(1)(d)

REASONS

[1]In terms of paragraph 9 of the Tribunal’s Case Management Orders dated and sent to parties on 9th February 2021 following a Case Management Closed Preliminary Hearing on 27 January 2021 the claimant was ordered to furnish the Respondent’s Representative and the Tribunal by 2nd March 2021, with a Disability Impact Statement and the Claimant has not complied with that Order. A reminder dated 30 March 2021 directing that the Claimant comply by 8th April 2021 sent to Claimant’s Representative solicited no response. The strike out warning specified in paragraph 2 here and sent to the Claimant’s Representative on 21 April 2021, was not responded to.[2]On 21 April 2021 the Tribunal gave the claimant an opportunity to give written reasons by 28 April 2021 or to request a hearing in order to consider why the claim should not be struck out.[3]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.