Miss S. Bryan v Women Like Me International Limited — 2023

Employment Judge Massarella heard the case at East London on 11 April 2023 by CVP. Neither party attended, and the claimant was not represented. The tribunal recorded that the claimant had failed to take steps to pursue the case despite a strike-out warning, had not responded to the tribunal's letter of 27 February 2023 asking both parties to confirm readiness for the hearing, had not replied to the legal officer's letter of 14 March 2023 warning that the claim would be referred to a judge for possible strike out, and had not submitted documents required by the case management order of 6 December 2022.

The judge found that the claimant had failed actively to pursue the claim and that the failure to comply with tribunal orders was deliberate and contumelious. Having reminded herself of Rolls Royce plc v Riddle [2008] IRLR 873, the judge concluded that there was no basis to think the claimant would change her approach if the proceedings continued, that a fair trial was no longer possible, and that it was not proportionate to devote further tribunal resources to the case. The claim was therefore struck out under rule 37.