Mr Elek Bottlik Ms Melinda Berecz v Gurdial P J Limited — 2019

The tribunal struck out the respondent's response under rule 37 after giving the respondent an opportunity, by letter dated 23 February 2019, to make representations or request a hearing on why strike out should not be ordered. The stated grounds were that the respondent had not complied with the tribunal's order dated 3 January 2019 and that the case had not been actively pursued.

The respondent did not make written representations, or did not make sufficient representations, and did not request a hearing. The response was therefore struck out. The respondent remained entitled to notice of hearings and decisions, but could participate in any hearing only to the extent permitted by the Employment Judge.

The tribunal recorded that the remedy to which both claimants were entitled, together with their costs application, would be determined by an Employment Judge at the hearing listed for 29 April 2019 at Norwich Employment Tribunal. The remaining days of the full merits hearing were vacated.