Miss Charles-Watson v Henry — 2021

The claim was presented in August 2020, but the claimant did not correspond with the tribunal after presentation. A case management hearing was listed for 15 April 2021, and the claimant did not attend. On the morning of that hearing, the judge attempted to telephone the claimant four times on the mobile number in the ET1, but there was no answer.

Important case management orders were made at the hearing, including a requirement for further information needed to prepare the case for an open preliminary hearing. The claimant did not comply with those orders or explain the non-compliance, so the open preliminary hearing could not proceed. Employment Judge Wright later asked the respondent to say what contact it had had with the claimant; the respondent replied on 8 October 2021 that it had only one telephone call in around March 2021 and that the claimant had ignored subsequent correspondence.

By letter of 21 October 2021, Employment Judge Wright warned the claimant that the claim was being considered for strike-out because it had not been actively pursued and invited a response by 28 October 2021. The claimant did not respond. The tribunal then struck out the claim under rule 37(d), stating that the history showed the claim had not been actively pursued, that the claimant appeared to have no intention of pursuing it, and that it would be unfair and prejudicial to the respondent for the case to continue given the finite resources of the tribunal.