Ms Y Paterson v CBH Leisure Limited t/a Carnbooth House Hotel — 2020

The tribunal struck out the claim under rule 37 of the Employment Tribunals Rules of Procedure 2013 on the ground that it had not been actively pursued. The reasons record that the respondent was in liquidation, the claim had been sisted to allow efforts to obtain court consent for it to proceed, and a judge had proposed strike-out in 2016 before the matter was sisted again for two months.

That further sist expired on 23 August 2016, but the case was not referred back to a judge at that point. On a later file review the tribunal found the matter still live, wrote to the claimant's former representative on 16 June 2020, and was told that the respondent had been dissolved on 22 March 2018 and that the representative no longer acted for the claimant. The tribunal then wrote directly to the claimant on 26 June 2020 and again on 31 July 2020, warning that the claim might be struck out and asking whether she knew the respondent had been dissolved.

The claimant replied on 10 August 2020 saying she was astonished to receive the correspondence and thought the case was long over. In light of that history, Employment Judge S Walker held that the claim should be struck out under rule 37(1)(d) because it had not been actively pursued.