Miss C Hazel v Your Choice 4 Care Limited — 2020

This was a rule 37 strike out judgment. The tribunal wrote to the respondent on 31 July 2020 giving it an opportunity to make written representations or request a hearing on why the response should not be struck out, because the claim was not being actively pursued and because the respondent was in breach of the tribunal’s order.

The reasons given included failure to comply with the tribunal’s order of 15 May 2020, as particularised in the claimant’s email of 29 June 2020, and failure to reply to the tribunal’s letter of 7 July 2020. The respondent did not make written representations, did not make sufficient representations, and did not request a hearing. The tribunal therefore struck out the response.

The judgment also states that the claims of unauthorised deductions from wages and breach of contract succeed. Remedy was not determined in this judgment and was left to the listed hearing. The tribunal further noted that the respondent would only be entitled to participate in any hearing in respect of Miss Hazel’s claim to the extent permitted by the Employment Judge.