Ms H Weckler v Blackarrow Financial Solutions Ltd (in liquidation): 8000642/2023
JUDGMENT
The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d)REASONS
[1]On 17 January 2024, the tribunal wrote to the claimant to inform her that the respondent is in compulsory liquidation and that the consent of the court which is dealing with the liquidation proceedings would be required before the claim could proceed.[2]On 11 August 2024, the claimant provided an update to the Tribunal that steps were being taken to obtain the consent of the court. On 19 September 2024, the Tribunal directed that the claimant should provide another update by 31 October 2024. No update was received.[3]On 5 November 2024, the Tribunal issued a reminder to the claimant asking for an update by 12 November 2024. No reply was received.[4]On 15 November 2024, a letter was issued to the claimant warning that a Legal Officer proposed to order that the claim be struck out because it had not been actively pursued. The claimant was directed to write to the Tribunal by 29 November 2024 to give reasons why the claim should not be struck out or to request a hearing. The letter was issued in error as the Legal Officer does not have delegated authority to order strike out of the claim. 2 On 4 December 2024, the Tribunal gave the claimant another opportunity to give written reasons by 11 December 2024 or to request a hearing in order to consider why the claim should not be struck out. It was clearly stated that an Employment Judge would consider whether to strike out the claim. 3 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 on the basis that it is not actively pursued. J McCluskey