Mr H Yarid v Caffe Concerto Limited — 2022

At the hearing on 24 August 2022, the respondent applied for the claims to be struck out under rule 37 on the basis that they had no reasonable prospects of success or were not being actively pursued. The claimant did not attend. The tribunal recorded that the claimant had previously been represented, that his solicitor came off the record on 26 July 2022 after saying they had not heard from him, and that the respondent had written to the claimant twice, including sending the hearing bundle and asking for disclosure of relevant documents.

The tribunal found that the claimant had been given notice by the tribunal's 22 June 2022 order and by the respondent's emails that the claims might be struck out if he did not actively pursue them. It also found that he had failed to make written submissions, failed to attend the hearings, and failed to give reasons for not attending. The judgment therefore struck out the claim under rule 37. No merits findings were made on the underlying breach of contract, race discrimination, or working time claims, and no remedy was awarded.