Miss J Fogg v Mr Jon Oates-Smith — 2021

By an order sent on 12 March 2021, the claimant was required to provide further information. In a warning letter sent on 14 May 2021, the tribunal said it was considering striking out the claim because the claimant had not supplied the information requested at paragraph 3(a) to (g) of the March order. The judge noted that this left it impossible to see why the claimant said she was still owed holiday pay, and that she had not identified why she had the right to claim unfair dismissal because she did not have two years' service.

The tribunal also recorded that the respondent said the final pay was correct and had been accepted in full and final settlement. It further noted that the claim form did not include a claim for unpaid wages (described in the claimant's email as "week in hand"), even though that point had been raised later in correspondence. The claimant was reminded to copy correspondence to the respondent under Rule 92.

The claimant replied by email on 17 May 2021 without copying the respondent. The judge said the only material sent was wage slips and an email saying the response about pay was wrong, but without explaining how it was wrong, together with other complaints that did not provide the requested information. She was also invited to say whether she requested a hearing, but did not do so. The tribunal held that she had not complied with the March order or with Rule 92, and the claim was therefore struck out on 14 June 2021.