No appearance or v Ms T. Patala, Solicitor — 2022

The hearing on 11 April 2022 concerned Mr F Ogunnote's claim against Abellio London Limited for breach of section 11 of the Employment Relations Act 1999. The claimant did not appear and was not represented. The tribunal noted that the matter arose from events on 8 April 2020 and that a preliminary hearing on 11 February 2021 had contemplated the claim being determined on paper if both parties consented, with compensation under section 11(3) limited to two weeks' pay.

The tribunal recorded that the respondent filed submissions on 11 March 2021, but the claimant's representative did not respond and did not comply with the order. An unless order was granted on 12 November 2021. The claimant later provided a witness statement, schedule of loss and written submissions on 19 November 2021, but by the hearing date there had been no further correspondence from the claimant's representative and the tribunal clerk had received no response to a telephone message left on the claimant's representative's behalf.

Applying Rule 37(1)(d), the tribunal held that the claim had not been actively pursued and struck it out. It referred to Blockbuster Entertainment Limited v James [2006] IRLR 630 and noted that strike out is a draconic power not to be readily exercised, but concluded that strike out was proportionate and appropriate having regard to the nature of the claim and its history.