P Parsons v Tameside Sports Trust: 6009673/2024
JUDGMENT
[1]The correct name of the respondent is Tameside Sports Trust.[2]The claim of unfair dismissal is struck out under Employment Tribunal Rule 38(1)(d) because it has not been actively pursued.REASONS
[1]This public preliminary hearing was listed to consider the preliminary issue of whether the claimant had sufficient continuous service to pursue her complaint of unfair dismissal, which was the only complaint brought in these proceedings.[2]A hearing was originally listed to take place on 28 February 2025. The claimant did not attend, though was aware of the hearing. Employment Judge Ficklin adjourned the hearing and relisted it for 23 June 2025. Within the Judge’s note of the hearing, he commented that at the relisted hearing, the respondent may apply to strike out the claim for a failure to pursue it.[3]On 20 June, the claimant contacted the Tribunal by telephone to ask that the hearing be postponed. The Tribunal wrote to her that day asking that she explain the reasons for the postponement in order that her application could be Case Number: 6009673/24 considered. She did not respond. The Tribunal later postponed the hearing as there were a lack of judges. The hearing was relisted to take place today.[4]The claimant did not attend the hearing before me. The Tribunal clerk telephoned the claimant to ask if she was attending, but the call was not answered. There was no voicemail facility. Ms Hodson confirmed that she had received no direct contact form the claimant throughout these proceedings.[5]At 10.20am, the hearing proceeded, and Ms Hodson made an application to strike out the claim. She relied principally upon Rule 38(1)(d) of the Employment Tribunal Rules of Procedure (claim not actively pursued) but also said that Rule 38(1)(a) was appropriate (no reasonable prospects of success).[6]Having considered the history of this case, it is now more that a year since the claimant was dismissed. She has failed to attend two hearings and engage with the Tribunal. I consider that she is not actively pursuing these proceedings, and her claim is struck out.[7]It is not necessary for me to make a decision in respect of the prospects of success of the complaint. Approved by: