Mr W Westhead v Happy Days Hospitality Limited — 2023

Mr W Westhead did not attend the hearing on 2 May 2023 and gave no reason for his absence. When the clerk telephoned him, there was no response on the number provided. The tribunal also noted that, after a case management order sent on 24 January 2023, he had been required to provide the respondent and the tribunal with a summary of the sums said to be owed and copies of supporting documents by 21 February 2023, but he did not do so.

Employment Judge Phil Allen held that rule 37 of the Employment Tribunal Rules of Procedure allowed strike out where there had been non-compliance with an order of the tribunal or where the claim had not been actively pursued. On that basis, the judge struck out the claim on both grounds.

The reasons also state that, even if the claim had not already been struck out, the unfair dismissal claim would have been struck out because the claimant did not have two years' continuous employment with the respondent, which is required to bring such a claim. The judge further noted that the claimant had been given an opportunity to explain why that claim should not be struck out in the tribunal's letter of 18 October 2022, but had not done so.