Employment Judge JohnsonNot represented for claimantNot represented for respondentDate 22 July 2024
JUDGMENT
(1) The application for interim relief does not succeed and is dismissed.(2) Considering the claimant’s correspondence sent by email following this hearing on 22 July 2024 asserting that a settlement has taken place between the parties: (a) the claim will be dismissed upon withdrawal by the claimant unless either party confirms otherwise in accordance with the case management order which will be sent to the parties separately from this judgment. (b) This is because the claimant has expressly confirmed in his email dated 22 July 2024 that he no longer wishes to proceed with his case.
REASONS
[1]This is because the claimant did not attend the hearing today and gave no reason for his non attendance before the hearing began at 10:00am and by the time that I made this judgment at 10:30am.[2]The claimant appeared to have incorrectly named a director of ‘On the Out CIC’ as his employer, when it appears from his ‘IRF claim document’ that his actual employer was the CIC.[3]He has suggested in his IRF claim document that the first respondent is the CIC and the second respondent is Ms Brown. However, his claim form did not support this assertion and Ms Brown was named as the sole respondent and the proceedings were only served upon her. It is noted that the sole claims being brought are whistleblowing detriments and dismissal under the Employment Rights Act 1996 and it is difficult to see what role Ms Brown will play in these proceedings.[4]I had intended that the claimant be written to separately seeking his clarification concerning this matter and questioning whether he wishes to amend his claim so that Ms Brown was dismissed as respondent and replaced by the CIC as his former employer. If so, proceedings would then need to have been served upon the CIC so that they could have an opportunity to respond.[5]However, the claimant sent an email to the Tribunal today at 12:15pm explaining that a resolution had been agreed between the parties through ACAS and expressing surprise that ACAS had not yet notified the Tribunal of settlement.[6]Importantly, the claimant expressly stated that ‘I no longer wish to proceed with this case.’[7]Accordingly, I have allowed until 9 August 2024 for ACAS to notify the Tribunal of settlement or alternatively for either of the parties to confirm that they have not settled all or some of the claim. If no further correspondence is received by this date, the claim will be dismissed upon withdrawal by the claimant having taken into account his confirmation that he does not wish to continue with his claim in his email today.