Mr C Fielding v Premiserv Ltd: 6011856/2024
JUDGMENT
[1]The respondent’s application to have the claim struck out in terms of rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is refused. The claim shall proceed to a hearing.[2]The respondent’s position was that the claimant had not particularised his claim.[3]Having considered matters the Tribunal has decided that it would be contrary to the interests of justice to strike out the claim for the claimant’s failures now that the claimant has explained the grounds of his claim. The Tribunal concluded that it would be disproportionate to strike out the claims on the facts. There was no suggestion from either party that a fair hearing could not now proceed. Any impact upon the respondent has been minimised by robust case management and moving matters forward. The prejudice to the respondent is not such as to justify the draconian step that strike out would achieve. Case No: 6011856/2024[4]Case management matters are dealt with in a separate Note. It is important the parties consider the terms of that Note and progress matters without any further delay.