C (1) D (2) v R1 R2 R3 R4 R5 HELD AT/BY: Wrexham by CVP — 2023

This was a preliminary hearing in public at Wrexham by CVP on 11 October 2023 before Employment Judge T. Vincent Ryan. The tribunal struck out the respondents' responses under Employment Tribunal Rule 37(1)(c) because the respondents had not complied with the Tribunal Rules or a Tribunal order.

In the alternative, the tribunal struck out the responses under Rule 37(1)(d) because they had not been actively pursued, and further or alternatively under Rule 37(1)(e) because, in consequence of the non-compliance with orders and the failure to pursue the responses, it was no longer possible to have a fair hearing in respect of them. The written record notes that the judgment was given orally at the hearing and that written reasons would not be provided unless requested within 14 days.

The tribunal also said it was not appropriate to apply Employment Tribunal Rule 21 and make a liability judgment in consequence of the strike-out orders. No monetary award was made in the written judgment.