Mr Sanjay Ganesan v Altran UK Ltd — 2023

The claimant issued proceedings on 8 January 2022 saying that he claimed constructive unfair dismissal, breach of contract, and deductions from, or failure to pay, wages. The tribunal recorded that the unfair dismissal claim had already been struck out on 8 September 2022 because the tribunal had no jurisdiction to hear it, as the claimant did not have sufficient service. The remaining breach of contract and wages claims were transferred to Watford.

The claimant did not attend the 20 March 2023 hearing. He emailed the tribunal at 5.18am that morning saying he would not be able to pursue the claim at that point because of health reasons, that he had been recovering from a major medical procedure, and that he was putting the claim on hold. The tribunal noted that he had not provided medical evidence or detail, that he had known about the hearing since at least 19 December 2022, and that he had not complied with the tribunal's orders for disclosure and exchange of witness evidence. The respondent had agreed extensions, but disclosure still was not provided by 16 January 2023 and the respondent applied for strike out on 22 January 2023.

A strike-out warning dated 27 February 2023 told the claimant that the tribunal was considering strike out for failure to comply with orders and invited written objections or a request for a hearing by 7 March 2023. No response was received. Applying Rule 37(1)(c) and (d) of the Rules of Procedure, and satisfied that the claimant had been given reasonable and proper notice under Rule 37(2), Employment Judge S Matthews found that the claim had not been actively pursued and that it was not proportionate or in the interests of justice for the matter to continue. The claim was therefore struck out. Counsel for the respondent indicated an intention to apply for costs under Rule 77, and directions were given for any such application.