Employment Tribunals

Case No: 2503433/2019 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr M Baker Respondent: Corps Security JUDGMENT The claim is struck out. REASONS 1. By a letter dated 9 January 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claim has not been actively pursued, the claimant having failed to comply with the Order of the Tribunal dated 14 October 2020. 2. The claimant has failed to make any representations in writing why this should not be done. Nor has he requested a hearing at which he could make representations. 3. It appears from correspondence on the file that the claimant might have sent relevant documents to the respondent. However, it appears that the claimant has not sent to the respondent a written statement of the evidence he intends to give at the hearing. As the claimant has not prepared a witness statement I infer that he does not intend to give evidence at the hearing on 3 February. In order for his claim to succeed, the claimant will need to prove he was dismissed. If he does not give evidence about what happened, he has no reasonable prospect of establishing that he was dismissed. Furthermore, it appears the claimant has failed to comply with the direction requiring him to set out in writing how much compensation he is asking the Tribunal to award and how he has calculated the amount (including any steps he has taken to reduce his loss). In light of these matters I am of the view that the claimant is not actively pursuing his claim and that it is in accordance with the overriding objective to strike out his claim. 4. The hearing fixed for 3 February 2020 will not take place. Case No: 2503433/2019 6.2 Strike out Judgment – claim - rule 37 __________________________ Employment Judge Aspden 27 January 2020