Mr P Bellinfantie v Helm Enterprise Solutions Limited — 2023

By a letter dated 11 October 2022, the Tribunal gave Mr P Bellinfantie an opportunity to make representations, or to request a hearing, as to why the claim should not be struck out for non-compliance with an Order of the Tribunal. On 14 October 2022 the Tribunal also invited the respondent's comments on whether the claimant had engaged in preparations for the Final Hearing, which was then listed to begin on 17 October 2022; the respondent replied the same day that he had not.

The Tribunal then indicated by further letter on 14 October 2022 that the claim would be struck out for failure actively to pursue it. The claimant emailed later that day asking for consideration of what he planned to say in a separate email, but no separate email was received and there was no further correspondence from the claimant after 14 October 2022.

In light of that position, Employment Judge Abbott concluded that it remained appropriate to strike out the claim for failure on the part of the claimant to actively pursue it, and the claim was struck out under Rule 37(1)(d).