Miss A Medcalf-Wilson v Hayllar Farms — 2024

The tribunal applied Rule 37 of the Employment Tribunal Rules of Procedure and struck out the claim. It recorded that the claimant presented her claim on 20 July 2023, that notice of the claim and the final hearing were sent on 9 August 2023, and that she was directed to provide a document setting out her losses and to exchange documents by specified deadlines.

The tribunal found that, after those steps, the claimant did not contact the North West regional tribunal office and appeared not to have contacted the respondent either. Although she emailed the Wales Employment Tribunal Office on 17 November 2023 saying that she would not be able to attend the final hearing, she was then told to send correspondence to the North West Region and was given the correct email address. She did not contact the tribunal again, and she did not respond to the later opportunity to make representations or request a hearing on the question of strike out. The tribunal concluded that the claimant had not pursued the claim actively and that there was no reason why it should not be struck out.