No attendance and not represented For the v Mr Williams (Solicitor Advocate) — 2020

Mrs Robson brought monetary claims for unlawful deduction from wages against her former employer, The Hugin (G&F RFC) Supporters Club Ltd. The tribunal noted that the claim had been presented on 7 May 2019 and that the case had already been adjourned at a previous hearing on 20 December 2019 so that the respondent could obtain witness evidence from Mr Foulger and properly defend the claim.

The final hearing took place on 21 February 2020. The claimant did not attend. She emailed the tribunal shortly before the hearing saying she was unwell and asking for the case not to proceed in her absence, and also saying she had not been able to access the respondent's witness statement because it was password protected. The tribunal also had an earlier email from her dated 10 January 2020 raising the same issue.

The respondent attended and relied on an agreed bundle. It told the tribunal that it had sent the claimant a password-protected witness statement on 3 January 2020, had chased her on 9 January 2020, and had warned her on 17 February 2020 that it would apply for strike out at the hearing. The respondent opposed a further postponement and applied for strike out on the basis that the claimant had failed to exchange witness statements and was not actively pursuing the claim.

The Employment Judge held that, on the information available, the claimant had failed to comply with the order to exchange witness statements and was not actively pursuing the case. The judgment therefore struck out the claim under Rule 37(1)(c) and (d) of the Employment Tribunals Rules of Procedure. No compensation or other monetary remedy was awarded.