Mr J Yusuf v Lawrence Harvey — 2024

The tribunal struck out Mr J Yusuf's claim under rule 37. It recorded that he failed to attend the hearing on 5 June 2024 and had not actively pursued the claim. A letter dated 6 June 2024 invited written representations or a request for a hearing on why the claim should not be struck out, but the claimant did not provide a sufficient response.

The tribunal noted a short email from the claimant on 7 June 2024 objecting to the respondent's representative being copied into correspondence and referring to communication difficulties. Employment Judge Glennie then wrote on 13 June 2024 identifying the respondent's representative and confirming that the response deadline remained in force. No further response was received.

On 17 July 2024 the claimant was given a further opportunity to attend a hearing to explain his position, and was asked to provide dates to avoid and any assistance needed to access the hearing. The letter warned that failure to respond or attend was likely to result in strike out. The claimant did not respond. The tribunal found that he had failed actively to pursue the claim, had not complied with the strike-out warning or the later order, and that there was no less draconian sanction that would enable the matter to progress. It concluded that strike out was proportionate and in the interests of justice.