Ms E Janovszki v Gerrards of Swinton Limited PRELIMINARY HEARING — 2021

At a public preliminary hearing on 23 March 2022, Employment Judge Batten, sitting alone, struck out Ms E Janovszki’s claim after she failed to attend and had not made representations in response to the respondent’s renewed strike out application. The reasons record that the claimant had earlier failed to comply with a number of case management orders, had not complied with an order for further particulars, and had failed to respond to the Tribunal’s correspondence.

The case had already been the subject of earlier case management hearings. On 1 February 2021, Employment Judge Buchanan noted the claimant’s non-attendance and defaults, and the deadlines for compliance were varied and extended to give her a further opportunity to comply. On 29 April 2021, Employment Judge Batten again found the claimant in default; the Tribunal issued case management orders on 4 May 2021 with a strike out warning and allowed 14 days for representations.

The claimant later sent an email on 18 May 2021 stating that she wished to continue with her claims and proceed, and the matter was relisted, with a Hungarian interpreter booked. However, after the respondent’s email of 11 June 2021 the Tribunal sought the claimant’s comments on 10 July 2021, but she did not reply. By the hearing on 23 March 2022, the Tribunal concluded that she remained in default and was not actively pursuing the claim, so it was struck out. No merits findings or monetary remedy were made.