Mr C Summers v Secretary of State for Business, Energy & Industrial Strategy: 4101816/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4101816/2019
Mr C SummersClaimantSecretary of State for Business, Energy &Respondent
Employment Judge GI McPhersonDate 15 June 2022

JUDGMENT

The claim is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that the claim has not been actively pursued in terms of rule 37(1)(d).

REASONS

[1]The claim has been sisted since 25 March 2019 pending settlement.[2]On 11th February 2022 the tribunal wrote to the claimant’s representative asking for an update. The claimant’s representative responded on 9th February asking for an additional 14 days as they did not have instructions from the claimant.[3]On 24th March 2022 the tribunal wrote again to the claimant’s representative seeking an update. A reply was received on 1st April 2022 advising they were still awaiting instructions from the claimant and asking for a further short period to provide a substantive update. The claimant’s representative was given until 13th April 2022 to provide a response. No response was received.[4]On 29th April 2022 the tribunal sent a reminder to the claimant’s representative.[5]On 13th May 2022 the claimant’s representative withdrew from acting for the claimant.[6]On 18th May 2022 the tribunal wrote directly to the claimant seeking an update with a reply by date of 26th May 2022. No reply was received.[7]On 27th May 2022 the tribunal gave the claimant an opportunity to give written reasons by 10th June 2022 or to request a hearing in order to consider why the claim should not be struck out.[8]The claimant has failed to respond and give reasons why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.