Mr F Hamilton v Talk of the Town (Beverages and Sauces) Ltd: 6008414/2024
JUDGMENT
[1]The claimant’s claims are struck out under Rule 38 of the Employment Tribunal Rules of Procedure 2024, as they have not been actively pursued.REASONS
[1]The claimant was employed as a Chef and manager. He was dismissed on 13th of May 2024. Early conciliation took place between the 22nd of May 2024 and the 19th of June 2024. The claim was issued on 13th of August 2024 in respect of claims for:a. unfair dismissal,b. unpaid wages (including holiday pay)c. a failure to provide a written statement of employment particulars.[2]The respondent was directed to send any response to the claim to the Tribunal, by the 18th of September 2024. A response was not received until the 19th of September 2024, out of time. No application was made to extend time. Accordingly on the 30th of October 2024 Legal Officer Singh rejected the response as out of time and directed that a Judgment may now be issued.[3]The matter had been listed for a two day final hearing before me on the 5th and 6th of March 2025. Standard directions had been issued for the exchange of evidence and the production of a hearing bundle. Both parties had been on notice of the hearing as early as the 21st of August 2024.[4]Two sets of correspondence were issued by the Tribunal chasing bundles in respect of this hearing and no response was received from either party.[5]On the morning of the 5th of March 2025, no further correspondence had been received from either party and no hearing bundle had been sent to the Tribunal. Neither party attended the hearing and they gave no written explanation to the Tribunal as to the reason for their non-attendance.[6]I have considered the court file in full. The claim form is inadequate to consider any Judgement being issued in the claimant’s favour as his losses are not quantifiable without further evidence.[7]In those circumstances I am left with no alternative but to strike the claim out under Rule 38 of the Tribunal Rules of Procedure 2024, as the claim has not been actively pursued.[8]That is my Judgment.