Miss S Young v Mitchells & Butlers Retail Ltd. CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of — 2023

The case was heard at an Open Preliminary Hearing on 9 May 2023 before Employment Judge Harley sitting alone. The tribunal cancelled the listed full hearing and determined the respondent's strike-out application. It held that the claimant's claims were struck out under rule 37 because she had behaved unreasonably in the conduct of the claim and had failed to comply with the Tribunal's Case Management Order dated 8 November 2022.

The tribunal found that the claimant had not supplied a statement of loss, any evidence on which she intended to rely, or a witness statement, had not engaged in preparation of a trial bundle, and had not responded to the respondent's correspondence or to the Tribunal's warning letter of 3 April 2023. At the hearing, the claimant accepted the non-compliance, said she had returned to work in November 2022 and that caring responsibilities had taken priority, and referred to medical issues in autumn 2022. The tribunal held that those matters did not excuse the non-engagement, concluded that a fair hearing was not possible because only one side was participating, and said there was no lesser sanction than strike out.