Ms T Linstead v Peasmarsh Place (Country Care) Ltd — 2019

The claimant presented claims on 3 December 2018 for unfair dismissal, notice pay, arrears of pay and holiday pay. The tribunal made case-management directions on 14 March 2019 requiring exchange of documents and witness statements before the 2 September 2019 hearing date.

The respondent told the tribunal on 12 August 2019 that it had received no communication from the claimant and that she had not complied with the directions for exchange of documents and relevant documents. Employment Judge Martin wrote to the claimant on 27 August 2019 asking for a response within 7 days, but no response was received. The hearing listed for 2 September 2019 was then postponed for lack of judicial resources.

The respondent wrote again on 28 August 2019 saying none of the orders had been complied with. By letter dated 7 September 2019, Employment Judge Hyde warned that the tribunal was considering striking out the claim of its own initiative for failure to comply with an order and invited objections within 7 days. No correspondence was received from the claimant in response to that warning.

Applying Rule 37(1)(c) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, the tribunal was satisfied that the claimant had failed to comply with an order of the tribunal and struck out all of the claims under the case number. No liability findings or remedy award were made.