Mr R Haque v London Borough of Tower Hamlets — 2019

The case was listed for a full hearing on 15 October 2019, but the Claimant did not attend. He had previously been granted a postponement of an August 2019 hearing on condition that he provide a death certificate by 14 August 2019, but the Tribunal recorded that he did not comply with that order. The hearing was later relisted for 15 and 16 October 2019, and the Tribunal found that the Claimant was aware of those dates.

The Claimant applied by email on 13 October 2019 for a postponement, which was refused on 14 October 2019. The Respondent applied to strike out the claim, relying on non-compliance with Tribunal orders, lack of active pursuit, non-attendance, and the absence of a relevant ACAS early conciliation certificate. The Tribunal had regard to rules 37 and 47 of the Employment Tribunal Rules and stated that it also seemed likely that the claim should not have been accepted under rule 12 because there was no relevant ACAS EC certificate.

Having considered the Respondent's submissions and what it described as a catalogue of default by the Claimant, the Tribunal struck out the Claimant's Employment Tribunal claims on the basis of non-compliance with Tribunal orders, failure actively to pursue the claim, and non-attendance. The Respondent made a costs application for £10,948.40, but the Tribunal did not determine it in this judgment and instead gave directions for the Claimant's response and listed the costs application for a later hearing.