Ms D Mcgrotty v Kura (CS) Ltd: 8000431/2024
JUDGMENT
The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds of non-compliance with an Order of the Tribunal and directions in terms of rule 37(1)(c) of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and that the claim has not been actively pursued and the lack of substantive progress makes a fair trial no longer possible in terms of rule 37(1)(d) of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.REASONS
[1]A preliminary hearing was listed in this case to be heard on 13 and 14 August 2024 to deal with the issues of disability status and time bar. The hearing was postponed on the application of the claimant citing health reasons.[2]No substantive progress has been made in relation to the case since that postponement.[3]The claimant had been ordered to provide further medical evidence to confirm whether she remained unfit to deal with the proceedings and when she would be fit. Despite repeated requests from the Tribunal, the claimant did not comply with these directions.[4]On 24 December 2024 the Tribunal gave the claimant an opportunity to give written reasons by 14 January 2025 or to request a hearing in order to consider why the claim should not be struck out for a failure to comply with Orders made by the Tribunal and/or a failure to actively pursue her claim.[5]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.