Mr P Kwiatkowski v Powis Hotels Employment Services Ltd — 2021

The case was listed for hearing on 23 March and standard directions were issued. The file showed difficulty contacting the claimant and a failure to comply with case management directions. In particular, the claimant did not provide a calculation of his losses and did not reply despite correspondence from both the respondent and the Tribunal.

On 10 July the Tribunal specifically asked the claimant to provide an indication of his alleged losses by return. He did not respond. A strike out warning was then issued on 22 July requiring compliance by 29 July. Although an email was later received from the claimant, it contained no calculation of loss and was said to be only a copy of an earlier email sent on 25 February 2021 with one small sentence added.

Employment Judge Livesey held that the claimant had failed to engage with the Tribunal and the respondent, had failed to comply with case management directions, and had failed to heed the warning of 22 July. The claim was therefore struck out under rules 37(1)(c) and/or (d) of the Employment Tribunals Rules, and the hearing did not take place.