E Robertson v Chalmers West Ltd: 8002223/2024
JUDGMENT
[1]The claim is struck out under rule 38 of the Employment Tribunal Procedure Rules 2024 on the grounds:[2]• That the claim has not been actively pursued in terms of rule 38(1)(d)REASONS
[1]The claimant was ordered at the preliminary hearing on the 17th March 2025, to provide further and better particulars of her claims within 28 days.[3]A reminder was sent to the claimant on the 9th May 2025, but she also failed to respond to this.[4]A second preliminary hearing took place on the 28th May 2025. The claimant did not attend that hearing. It was noted that after the hearing an email from the claimant[5]was referred to the Employment Judge in which the claimant stated she was unable to attend due to ill health. The Employment Judge ordered the claimant to produce documentary evidence from the GP regarding the nature of the ill health and confirmation she had been unable to attend the preliminary hearing. This documentary evidence was to be provided to the tribunal within 7 days.[6]The claimant had failed to provide this notwithstanding a reminder being sent to her on 30th June 2025. A further strike out warning was issued on 11 July 2025 and the claimant failed to provide a response to this.