Miss N Hossen v Jav Gill and 2 others — 2021

By letter dated 28 June 2021, the Tribunal gave Miss N Hossen an opportunity to make representations or request a hearing as to why the claim should not be struck out under Rule 37. The Tribunal referred to two grounds: failure to comply with the order dated 26 January 2021 requiring her to send relevant documents to the respondent, and the claim not being actively pursued.

The reasons record that although the claimant sent some documents to the Tribunal on 10 March 2021, she did not send them to the respondent. The respondent wrote on 28 April 2021 saying she was not actively pursuing the claim because she had not responded to attempts to make contact. A further letter on 25 June 2021 asked whether the full merits hearing listed for 29 to 30 June 2021 would be vacated, from which the Tribunal inferred there had been no further response, no agreed bundle, and no exchange of witness statements. The hearing was therefore vacated.

The claimant did not make written representations or request a hearing in response to the Tribunal's opportunity to explain matters. On that basis, Employment Judge George concluded that the claim was not being actively pursued and that it was not proportionate for the respondent, the Tribunal, and other users to spend further resources on it. The claim was struck out.