Miss C Hall v Advinia Healthcare Limited — 2022

Miss C Hall brought complaints of disability discrimination and unpaid wages against Advinia Healthcare Ltd. The claims were dealt with at a case management hearing before Employment Judge Robinson on 12 July 2021, after which orders were made and a preliminary hearing was listed. The claimant did not comply with those orders and the respondent applied for an Unless Order.

The claimant did not attend the preliminary hearing on 11 October 2021. She wrote to say she wanted the hearing to proceed in her absence and that she wished to be "settled for an apology". The Tribunal then stayed proceedings and directed the parties to ACAS, but no settlement notification was received.

By an order dated 11 October 2021, Employment Judge Aspinall required the claimant to write within 28 days confirming whether she wished to pursue the complaint. She was warned that if she did not do so, the claim would be struck out without further hearing. The claimant did not comply with that order.

In the judgment dated 21 April 2022, the Tribunal struck out the claim of its own volition for non-compliance with the order under Rule 37(1)(c). It also recorded, in the alternative, that the claimant had not corresponded with the Tribunal or the respondent between July and October 2021 apart from her earlier email, had not responded to the 11 October 2021 order, and that the complaint had not been actively pursued, so it was also struck out under Rule 37(1)(d).