Miss C Tobin v Aesthetic Health: 6002144/2024
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 11 October 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because:a. she did not appear to have complied with the Tribunal’s case management orders set out in the Notice of Hearing dated 10 July 2024 (as set out in the respondent’s emails of 12 and 19 September 2024); andb. she had failed to respond to the Tribunal’s letters of 8 and 10 October 2024 and therefore was failing to actively pursue her claim;[2]The claimant was given a deadline of 18 October 2024 to respond to the Tribunal’s letter or her claim would be struck out. The claimant failed to make representations in writing, or any sufficient representations, by that date. Owing to an administrative delay the file was not referred to a judge until today to consider strike out. In the ordinary course of events the claimant’s claim would have been struck out on 18 October 2024 owing to her failure to respond.[3]In the meantime, however, the claimant replied to the Tribunal on 7 January 2025 stating that she wished to pursue the claim and would provide her evidence. She did not explain why the claim should not be struck out nor explain why she had failed to respond to the Tribunal’s previous letters or to comply with the case management orders. Employment Judge Bright concludes from the sequence of events that the claimant was and is not actively pursuing her claim.[4]The claim is therefore struck out.