Claimant v Mayers v Sainsbury’s Supermarkets Ltd — 2022

At a case management hearing on 10 February 2022, the Tribunal considered whether the claim should be struck out because the Claimant had not complied with Tribunal orders dated 27 January 2021 and 26 April 2021, had not actively pursued the case, and it was said to be no longer possible to have a fair hearing. The Claimant did not attend, gave no explanation for the absence, and made no written or other representations. The Tribunal proceeded in the Claimant's absence under Rule 47 of the Employment Tribunals Rules of Procedure 2013.

The Tribunal concluded that case number 3213304/2020 should be struck out under Rule 37 because it had not been actively pursued by the Claimant. The full merits hearing listed for 11 to 13 May 2022 did not take place. The Tribunal also substituted Sainsbury's Supermarkets Ltd as the Respondent identified by the Claimant was Sainsbury's PLC.

The Respondent applied for costs under Rule 76, but that application was refused. The Tribunal was not persuaded that there had been unreasonable conduct under Rule 76(1)(a), nor that the claim had no reasonable prospect of success under Rule 76(1)(b). Although the Claimant had breached a case management order, the Tribunal declined to make a costs order because the correspondence before it suggested that the Claimant did not understand the Tribunal process and a costs award was not considered appropriate.