Mr E Neves v JB Global Ltd — 2018

At the telephone preliminary hearing on 27 September 2018, orders were made for the progression of the matter to a hearing. The respondent applied on 31 October 2018 for the claim to be struck out because the claimant had not complied with those orders, and the application was copied to the claimant's representative. The written order was signed on 5 November 2018 and sent to the parties on 4 December 2018, with some dates extended.

Employment Judge Corrigan noted in a cover note that the claimant's representative should ensure compliance with the written order and that the respondent's representative should alert the Tribunal to any further failures to comply. The respondent then wrote again on 11 December 2018 asking when the claimant would comply, and on 21 December 2018 made a second strike-out application. The orders also required further information and a schedule of loss to be provided to the Tribunal.

By 23 January 2019, the only communication from the claimant's representative to the Tribunal was dates to avoid, dated 4 October 2018. The Tribunal found that the claimant had not complied with the order dated 5 November 2018, was not actively pursuing the claim, and had failed to make written representations or request a hearing. The claim was therefore struck out, and the preliminary hearing listed for 19 February 2019 would not take place.