Employment Tribunals

Case No:3202986/2019 6.5 Strike Out Judgment – response- part – rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr C Boadu Respondent: Resourcing Group JUDGMENT The claims brought by the Claimant are struck out REASONS 1. The Claimant had brought claims of unfair dismissal, race discrimination, discrimination based on religion or belief and claims for arrears of pay. By a letter dated 17 December 2019 the Claimant was warned that the tribunal were considering striking out his unfair dismissal claim as he did not have 2 years continuous service. The Claimant was given until 25 December 2019 to say why the unfair dismissal claim should not be struck out or to request a hearing. The Claimant did not respond to that letter. 2. The Respondent did not present an Et1. REJ Taylor directed that the matter be a telephone hearing on 7 June 2021 to consider remedy (and by inference the question of whether to issue a judgment under rule 21 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013). Neither the Claimant or Respondent attended that hearing. None of the orders previously made had been complied with. 3. By my case management summary written on 7 June 2021 and sent to the parties on 8 June 2021 I warned the Claimant that I was considering striking out the claim for any remedy on the basis that it was not being actively pursued. I ordered the Claimant write to the Tribunal by no later than 21 June 2021 to explain why he had not complied with any case management orders and why he had failed to attend the remedy hearing. The Claimant did not comply with that order nor has he requested a hearing. 4. In the circumstances I am satisfied that the Claim is not being actively pursued and I strike out all of the claims under rule 37 of Schedule 1 of the Case No:3202986/2019 6.5 Strike Out Judgment – response- part – rule 37 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. I strike out the unfair dismissal claim as the Claimant does not have sufficient continuity of service to be able to bring such a claim and the unfair dismissal claim has no reasonable prospects of success for that reason. Employment Judge Crosfill 10 August 2021