Strike Out Warning

[Sarah68]

Hi, hoping someone could help? My ex employer (respondent) has refused for the second time to adhere to case management orders or actively pursue the case. The original hearing due on the 31st Oct 17 turned into a preliminary hearing on the respondents request after I submitted a strike out for failing to adhere to case management orders and failing to pursue. At the hearing the judge gentle reminded the respondent that he must comply with the orders. There were other subjects like disclosures discussed that the respondent was claiming had no relevance to the case. Judge disagreed. The hearing was set a new date for middle of March 18. Delayed longer that I was hoping for but the respondent has claimed he was away on a number of holidays. Once again the respondent has given me no information whatsoever and ignored all my letters and filed to acknowledge the information I supplied. I applied for a strike out in Jan 18. The respondent was given a warning and a dead line of today 14 Feb 18 to respond to the warning from the tribunal office. The respondent has not replied to the tribunal. My question is what happens next? I hope someone can advise. Thank you

[ETFarce]

I am not legally trained but have gone through the ET process. What should happen is the Respondent should be struck out. What will happen is.....nothing! The judge will simply allow the respondent to continually breach the case management order and to ignore warnings! Welcome to the world of Employment Tribunals!

[mariefab]

Was the warning an Unless Order? i.e. did it say something like, Unless the Respondent......by 14/01/2018.....etc?

[Sarah68]

Hi Mariefab, No it says STRIKE OUT WARNING and that the judge is considering striking out for a) failure to comply with CMO b) failure to actively pursue. And if the respondent wish to object that to do so in writing by 14th Feb 18.

Respondent replied this morning with a ton of excuses which simply condensed was he has been busy!!!!!

I am expecting the judge to accept his excuses.

It is so frustrating.

[mariefab]

It's very frustrating but you could be right.
I suggest that you email/write to the Judge saying something like:

I find it unreasonable that the Respondent took no action and ignored my requests for information during the additional 3.5 months since you issued the Strike Out Warning. If you are minded to give the Respondent further time, I would request that you consider issuing an Unless Order.

It makes you look super-reasonable and with an Unless Order the threatened consequences of failure to act automatically take effect after the stated date has passed.

[Sarah68]

Thank you. I have emailed the tribunal as you suggested. Just wait and see what comes back. Thank you