Mr S Johnson v Teleperformance: 4111661/2021
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 an Order of the Tribunal in terms of rule 37(1)(c)REASONS
[1]The claim as presented made allegations of unlawful deductions from wages and failure to pay the minimum wage. The claimant said in the claim form that he had the evidence to prove what he was owed. He specified a sum said to be due to him and gave a figure in respect of each of the 3 headings of standard hours, holiday hours and 15 minutes before start of shift.[2]A case management Preliminary Hearing took place on 14 January 2022 by telephone. The claimant did not attend that. In the note prepared, dated 14 January and sent to parties on 20 January, the claimant was ordered to do certain things within 28 days. Specifically, he was ordered to provide a written statement with supporting documentation setting out:a. What he sought by way of remedy if unsuccessful.b. How much he sought in respect of each complaint and how that was calculated.[3]The claimant has not submitted information or documentation to meet this Order. He was reminded of the requirements of the Order by email of 21 February 2022.[4]On 2 March 2022 the Tribunal gave the claimant an opportunity to give written reasons by 9 March 2022 or to request a hearing in order to consider why the claim should not be struck out.[5]Whilst the claimant has submitted an email stating that the claim should not be struck out, he has not provided the information as required in the Order. He has not requested a hearing.[6]In the circumstances, on the basis of the failure to comply with the order, the claim is struck out.